UC-NI 


Main  Lib, 


A    POLITICAL    PRIMER 


FOR   THE 


NEW    VOTER 


BY 

BESSIE   BEATTY 


INTRODUCTION 
BY 

WILLIAM  KENT 


WHITAKER  &  RAY-WIGGIN  CO. 

SAN    FRANCISCO 

1912 


COPYRIGHT  BY 

WHITAKBR  &  RAY-WIGGIN  CO. 

1912 


I  offer  this  book  to  you  in  the  name  of  the  woman  who  represents 
to  me  the  best  in  womanhood — she  who  was  my  comrade  in  the  Cali- 
fornia woman's  struggle  for  the  ballot — Jane  Mary  Beatty,  my 
mother. 


257017 


Several  articles  which  appeared  in  "The  San  Francisco  Bulletin" 
under  the  author's  name  are  republished  in  this  volume  through  the 
courtesy  of  "The  Bulletin." 


CONTENTS 


PART  ONE — CITIZENSHIP 

Chapter  I.  Our  Eolation   to   Law 3 

Chapter  II.  Citizenship  and  Eegistration  6 

Chapter  III.  Naturalization    9 

Chapter  IV.  Elections    13 

Chapter  V.  Other  Duties   of   Citizenship — Taxes 18 

Chapter  VI.  History  of  Our  Political  Parties 22 

PART   Two — PROGRESSIVE   LEGISLATION 

Chapter    VII.     Progressive  Measures  31 

Chapter  VIII.     Further  Progressive  Measures  39 

Chapter      IX.     The  Legal  Status  of  Women  43 

Chapter       X.     Economic   Theories   48 

PART   THREE — GOVERNMENT 

Chapter     XI.     Our  Present  Government  55 

Chapter   XII.     Legislative  Department  59 

Chapter  XIII.     Executive  Department  63 

Chapter  XIV.     The   Judiciary   69 

Chapter    XV.     Nation  and  State   73 


INTRODUCTION. 


Miss  Beatty,  whose  work  for  human  rights,  and 
whose  realizing  sense  of  democracy  are  known  and  appre- 
ciated far  beyond  the  boundaries  of  the  Golden  State,  has 
performed  a  distinguished  public  service  by  the  publica- 
tion of  this  book. 

All  who  are  interested  in  the  great  problems  of  the 
individual  and  of  society,  must  first  of  all  obtain  a  knowl- 
edge of  the  structure  and  functions  of  the  government 
under  which  they  live.  This  is  infinitely  essential,  when, 
as  in  our  case,  people  either  govern  themselves  or  at 
least  are  supposed  to  govern  themselves. 

The  volume  is  exactly  what  it  claims  to  be — a  Primer 
of  Citizenship — clearly  outlining  the  powers  and  limita- 
tions of  State  and  National  authority.  As  is  natural  in 
a  book  written  by  a  woman,  there  is  special  but  not  un- 
due emphasis  placed  upon  the  political  and  legal  status 
of  women. 

The  clear  and  simple  style  in  which  the  book  is  writ- 
ten, the  admirable  arrangement  by  chapters  and  by  topics 
make  it  intelligible  to  every  one  capable  of  exercising 
the  franchise,  and  it  will  doubtless  prove  of  great  value 
as  a  text  book  in  the  elementary  schools. 


By  the  easy  process  of  revising  certain  paragraphs 
to  fit  the  varying  laws  of  the  several  States,  it  should 
have  a  Nation-wide  circulation.  This  unpretentious  lit- 
tle volume  will  naturally  lead  the  thoughtful  to  a  study 
of  constitutional  history  and  constitutional  development, 
and  to  a  knowledge  of  our  inheritance  from  the  long 
struggle  that  evolved  the  common  law  of  England. 

Not  alone  as  a  voter's  handbook  but  as  a  clean-cut, 
simple  statement  of  fundamental  propositions,  it  is  des- 
tined to  a  wide  circulation  and  to  great  usefulness. 

WILLIAM  KENT. 
Kentfield,  Cal.,  October  3,  1912. 


PART    ONE 


CITIZENSHIP. 


CHAPTER  I. 
Our  Relation  to  Law 

We  look  upon  law  as  remote,  something  apart 
from  us.  It  seems  to  us  the  concern  of  judges  and  juries, 
of  legislators  who  appear  in  print  at  election  times  and 
then  disappear. 

Instead,  we  are  hedged  about  by  law  on  every  side. 
We  meet  it  at  the  butcher  shop  when  we  buy  a  steak ;  it 
says  how  much  coffee  the  grocer  shall  sell  us  for  a  pound ; 
it  is  left  at  the  door  with  the  milk  bottle ;  it  chooses  our 
winter  suit  and  determines  how  long  our  shoes  shall  last. 
It  is  our  intimate  personal  concern. 

The  law  is  our  architect,  our  educator,  our  doctor 
and  our  cook.  It  determines  whether  our  houses  shall 
be  one  story  or  sixteen,  whether  they  shall  be  papier 
mache  or  fire-proof  brick ;  it  says  what  books  our  children 
shall  study  and  whether  they  shall  learn  at  school  only 
the  three  R's,  or  how  to  make  a  living;  it  takes  care  of 
the  big  kitchens  of  the  country,  the  packing  houses,  bak- 
eries and  canneries ;  it  fills  the  medicine  bottles  and  de- 
termines who  shall  be  competent  to  prescribe  the  dose. 
It  presides  at  the  bedside  of  birth  and  at  the  graveside 
of  death. 

Law  is  present  in  our  lives  as  much  as  our  own  de- 
sires. It  is  supposed  to  be  an  expression  of  our  desires 
— if  it  is  not  the  voice  of  our  individual  will,  it  is  still  of 
the  same  importance  to  us,  because  we  are  governed  by 
it  as  if  it  were. 

If  we  all  realized  how  close  law  comes  to  us,  our  in- 
terest in  it  would  be  a  vital  thing  which  would 
result  in  molding  it  so  that  it  would  be  in  fact  as  in 
theory  the  expression  of  our  own  desires. 


4  A  Political  Primer 

The  business  man  who  is  too  busy  to  vote  and  the 
housekeeper  who  can  not  leave  the  wash-tub  or  the 
ironing  board  or  the  bridge  table,  permit  someone  else 
to  make  the  law  by  which  they  must  abide. 

In  a  country  governed  by  the  people  there  is  small 
excuse  for  injustice,  or  even  inconvenience.  Yet  how 
often  we  board  a  crowded  street  car  at  the  end  of  a  hard 
day's  work  and  find  that  the  narrow  seats  along  the 
sides  of  the  car  are  filled.  The  best  that  we  can  secure  is 
standing  room  in  the  spacious  aisle  between.  Nightly  we 
declaim  against  it  while  body  and  spirit  are  buffeted 
about.  We  declaim  some  three  hundred  or  more  times 
a  year;  yet  concerted  action  once  a  year  with  the  ballot, 
crystalizing  our  protest  into  law  would  place  the  strap- 
hangers in  comfortable  seats.  How  often  do  we  asso- 
ciate law  with  our  discomfort?  Yet  law,  or  the  lack  of  it, 
is  almost  always  to  blame.  Even  though  we  do  recog- 
nize that  law  is  responsible,  we  blame  the  inconvenience 
upon  some  one  other  than  ourselves.  We  do  not  realize 
that  we  are  the  ones  to  be  held  to  account,  if  not  for  our 
vert  acts,  for  our  indifference. 

Thus  the  incentives  driving  the  new  voter  to  an  in- 
telligent use  of  the  ballot  are  two-fold — that  of  service 
to  the  State,  that  of  service  to  himself.  Both  patriotism 
and  self  interest  demand  of  him  an  earnest  consideration 
of  the  problems  of  government,  and  the  expression  of 
his  opinion  at  the  polls. 

Too  often  the  citizen  who  pretends  to  the  highest 
civic  ideals  forgets  to  register,  or  is  too  busy  to  go  to 
the  polls  on  election  day. 

The  sons  of  men  who  fought  for  the  voting  privilege 
can  not  efford  to  be  that  kind  of  citizens.  The  women 
who  have  fought  and  are  fighting  for  it  now  can  not  be. 
There  is  too  much  at  stake. 

Both  men  and  women  know  far  too  little  about  the 
affairs  of  government.  We  need  not  be  ignorant.  Let 


A  Political  Primer  5 

us  refuse  to  be  ignorant  of  the  things  that  concern  the 
country.  Let  us  learn  our  Federal  and  our  State  govern- 
ments and  study  the  problems  which  affect  the  health  and 
the  happiness  of  even  the  least  of  us. 

The  citizen  who  would  become  a  valuable  elector 
must  realize  his  responsibility.  To  him  belongs  the  right 
of  saying  whether  he  will  have  jam  on  his  bread,  or  just 
butter;  whether  he  wants  pure  milk  and  a  sanitary 
dwelling  place  and  clean  streets,  or  impure  milk,  an  un- 
sanitary dwelling  place  and  unclean  streets.  To  him  be- 
longs the  right  of  saying  whether  he  wishes  to  see  the 
country  governed  for  the  few  who  combine  the  "special 
interests,"  or  for  the  many  who  are  the  people.  To 
him  belongs  the  right  of  saying  whether  he  believes  in 
humanity  or  the  dollar  mark. 

The  first  point  of  importance  is  that  he  has  the  right 
of  saying  what  he  wants — the  right  of  registering  a  de- 
mand and  a  protest.  The  second  is  that  he  use  the 
right.  For  citizenship  is  both  a  right  and  a  duty.  To  di- 
vide the  one  from  the  other  is  impossible.  In  the  meas- 
ure that  we  perform  our  citizen's  duty  we  shall  enjoy 
our  citizen's  rights. 

Speaking  broadly,  the  first  duty  of  a  citizen  is  to  pro- 
mote the  common  good.  In  the  United  States  each  citi- 
zen is  called  upon  to  do  certain  things  to  promote  this 
common  good.  These  things  are : 

TO  VOTE,  to  aid  the  State  by  his  intelligent  opinion. 

TO  PAY  TAXES,  to  support  the  State  financially. 

TO  DO  JURY  DUTY,  to  uphold  the  State  in  ad- 
ministering justice. 

TO  BEAR  ARMS,  when  necessary,  to  protect  the 
actual  existence  of  the  State. 


CHAPTER  II. 

Citizenship  and  Registration 

New  voters  are  of  three  kinds:  The  citizen  youth 
who  has  just  reached  the  age  of  twenty-one,  the  foreigner 
who  has  completed  his  naturalization,  and  the  American 
woman  who  lives  in  a  State  in  which  equal  suffrage  has 
just  been  granted. 

Technically  a  citizen  is  a  person  who  owes  allegiance 
to  a  government  and  is  entitled  to  protection  from  it. 
Yet  it  is  not  until  a  youth  reaches  his  majority  and  real- 
izes that  he  has  a  voice  in  the  affairs  of  government  that 
he  really  feels  himself  a  citizen. 

To  the  foreigner,  also,  citizenship  would  mean  little 
if  it  did  not  entitle  him  to  participation  in  the  affairs  of 
government. 

So  it  is  with  the  other  new  voter — the  woman.  Not 
until  she  has  found  her  citizen's  voice  and  has  received 
the  right  of  expression,  does  the  word  citizenship  have 
real  significance  for  her. 

New  citizens — using  the  word  in  its  broader  mean- 
ing— are  being  continually  made.  But  a  State  gains  the 
largest  number  of  electors  when,  once  in  its  history,  it 
passes  the  constitutional  amendment  which  allows  its  wo- 
men who  have  held  only  an  associate  membership  in  the 
commonwealth,  to  become  active  members.  Whether 
the  new  citizen  is  the  boy  of  twenty-one,  the  naturalized 
foreigner,  or  the  enfranchised  woman,  the  ballot  is  a 
grave  responsibility. 

Registration 

Before  we  discuss  government,  the  constitution,  or 
any  of  the  other  big  subjects  with  which  we  must  concern 
ourselves  as  voters,  let  us  make  ready  our  tools. 


A  Political  Primer  7 

The  ballot  is  the  citizen's  kit  of  tools.  To  be  able  to 
exercise  it  we  must  comply  with  certain  set  forms.  In 
some  cases  the  set  form  means  naturalization,  and  in  all 
cases  it  means  registration. 

Qualifications  for  Registration. 

To  exercise  the  right  of  franchise  in  the  United  States 
one  must  be  twenty-one  years  of  age  and  a  registered 
citizen.  In  most  States  one  must  also  be  a  male ;  but  in 
Wyoming,  Colorado,  Utah,  Washington,  Idaho  and  Cali^ 
fornia  this  is  unnecessary. 

We  are  citizens  by  right  of  birth,  by  right  of  marriage, 
or  by  right  of  naturalization ;  but  unless  we  are  citizens 
by  one  of  these  rights  we  can  not  register  or  vote. 

To  be  permitted  to  register  in  most  States  we,  must 
have  lived  one  year  in  the  State,  ninety  days  in  the  county 
and  thirty  days  in  the  precinct  in  which  we  are  entitled 
to  vote. 

An  idiot,  or  an  insane  person,  or  a  person  convicted  of 
any  infamous  crime  is  denied  the  ballot. 

How  to  Register. 

The  exact  manner  of  registering  differs  in  the  States, 
but  the  main  points  are  the  same  in  all  cases. 

Registration  is  conducted  before  certain  specially  ap- 
pointed officials,  whose  duty  it  is  to  ascertain  that  each 
person  who  presents  himself  as  an  elector  is  actually  en- 
titled to  vote.  These  officers  conduct  the  registration  at 
the  city  hall,  county  clerk's  office,  or  other  places  ap- 
pointed by  the  election  officials. 

Time  of  Registering 

In  California,  and  in  most  States,  a  new  and  com- 
plete registration  is  begun  on  January  1  of  each  even  year, 


8  A  Political  Primer 

and  registration  is  in  progress  at  all  times  except  during 
the  thirty  days  immediately  preceding  an  election. 

A  voter  need  register  only  once  in  each  two  years  if 
he  continues  in  the  same  residence,  but  he  is  required 
to  register  as  many  more  times  as  he  moves. 

Registration  blanks  are  made  out  in  duplicate,  and 
voters  registering  must  state  their  height,  occupation, 
residence  and  birthplace. 

In  registering  for  the  general  Presidential  primary  it 
is  also  necessary  to  give  a  party  affiliation,  the  voter  de- 
claring himself  a  member  of  the  Republican,  Democratic, 
Socialist,  Prohibition  or  other  party  which  may  have 
National  recognition  at  the  time  of  the  election. 

Printed  lists  of  the  voters  are  posted  in  public  places 
a  short  time  before  election,  and  these  are  open  to  the 
inspection  of  candidates  or  electors. 

It  is  difficult  to  make  a  mistake  in  registering.  You 
can  enroll  yourself  among  the  voters  of  the  State  almost 
as  easily  as  you  can  buy  a  loaf  of  bread.  It  means  merely 
taking  a  few  minutes'  time,  going  to  an  appointed  place  of 
registration  and  replying  to  a  few  questions. 

The  chief  points  to  keep  in  mind  are:  To  register 
every  time  you  move,  even  though  it  be  only  from  one 
room  of  a  hotel  into  another;  the  cancellation  of  your 
former  registration,  and  the  fact  that  registration  closes 
for  a  brief  period  before  election. 

Whether  interested  in  any  particular  contest  or  not, 
it  is  best  to  register  in  plenty  of  time;  for  many  a  man 
finds  himself  a  few  days  before  election  possessed  with 
a  keen  interest  in  an  issue  or  a  candidate,  and  yet  unable 
to  vote  because  he  has  neglected  his  registration. 


CHAPTER  III. 

Naturalization 

To  men  and  women  born  on  foreign  soil,  but  living  in 
America,  and  to  the  American-born  woman  married  to 
a  foreigner,  naturalization  is  a  subject  of  paramount  im- 
portance. 

Only  citizens  of  the  United  States  have  a  voice  in  the 
government  of  the  country. 

Every  child  born  on  United  States  soil  becomes  at 
birth  an  American  citizen,  regardless  of  the  nationality 
of  either  or  both  of  its  parents. 

Every  child  born  on  foreign  soil  whose  father  is  nat- 
uralized before  the  child  is  twenty-one  years  of  age  is 
a  citizen  of  the  United  States  without  himself  going 
through  the  process  of  naturalization. 

Every  foreign-born  woman  married  to  an  American 
is  a  citizen. 

Every  foreign-born  woman  married  to  a  foreigner 
must  await  the  naturalization  of  her  husband  before  she 
is  entitled  to  citizenship.  Upon  his  naturalization  she 
automatically  becomes  a  citizen. 

The  naturalization  laws  as  they  now  stand  are  not 
satisfactory  to  most  married  women.  Many  foreign 
women  feel  they  should  have  the  right  to  be  naturalized 
independently  of  their  husbands,  and  American  women 
object  strenuously  to  losing  their  citizenship  by  mar- 
riage with  a  foreigner. 

Until  1907  there  was  much  vagueness  about  the  status 
of  the  American  woman  who  married  a  foreigner.  Up 
to  that  time  the  law  was  variously  interpreted.  It  was 
generally  held  that  a  citizen  woman  who  married  a  for- 
eigner did  not  forfeit  her  citizenship  unless  she  left  the 
United  States  for  permanent  residence,  and  then  only  in 
certain  cases,  depending  upon  particular  circumstances. 


10  A  Political  Primer 

An  act  passed  March  2,  1907,  provides  that  any  Ameri- 
can woman  who  marries  a  foreigner  shall  take  the  na- 
tionality of  her  husband.  At  the  termination  of  the 
marital  relationship  she  may  resume  her  citizenship  if 
abroad,  by  registering  as  an  American  citizen  within  one 
year  with  the  Consul  of  the  United  States,  or  by  return- 
ing to  reside  in  the  United  States,  or  if  residing  in  the 
United  States  at  the  termination  of  the  marital  relation, 
by  continuing  to  reside  therein. 

Qualifications  for  Naturalization 

Five  years'  residence  in  the  United  States,  five  dollars 
in  money,  and  the  ability  to  read  the  Constitution  of  the 
United  States  and  write  your  name  in  English  are  neces- 
sary requisites  if  you  would  become  a  citizen. 

Declaration  of  intent,  generally  spoken  of  as  "First 
Papers,''  may  be  made  at  any  time  after  arrival  in  this 
country,  before  a  United  States  District  Court,  or  before 
a  State  Court  of  Record  having  jurisdiction  in  actions  of 
law  or  equity  in  which  the  amount  in  controversy  is  un- 
limited. 

How  to  Become  Naturalized 

The  applicant  for  citizenship  must  state  name,  age, 
occupation,  residence,  personal  description,  birthplace, 
last  foreign  residence  and  date  of  arrival  on  United  States 
soil. 

Upon  the  payment  of  one  dollar  the  applicant  is  given 
a  certificate  which  must  be  at  least  two  years  old  before 
final  petition  for  full  citizenship  may  be  filed. 

This  certificate  will  not  entitle  the  holder  to  final 
papers  unless  he  has  lived  at  least  five  years  in  this  coun- 
try at  the  time  the  certificate  is  two  years  old. 

Citizenship  can  not  be  granted  until  ninety  days  after 
the  petition  is  filed. 


A  Political  Primer  11 

The  applicant  for  admission  must  be  able  to  read  and 
speak  English  and  to  write  his  own  language.  He  must 
file  a  verified  petition  signed  in  his  own  handwriting,  and 
must  swear  that  he  is  not  opposed  to  organized  govern- 
ment and  is  not  a  believer  in  polygamy. 

In  addition  to  this,  he  must  state  his  intention  to  re- 
side permanently  in  the  United  States,  and  must  renounce 
absolutely  allegiance  and  fidelity  to  any  "foreign  prince, 
potentate,  state  or  sovereignty."  In  case  he  possesses  an 
hereditary  title  or  order  of  nobility  he  must  renounce  it 
in  the  court  in  which  his  application  is  made,  and  must, 
before  being  admitted  to  citizenship,  declare  on  oath  that 
he  will  support  the  Constitution  of  the  United  States. 

Four  dollars  in  fees  is  payable  before  final  admission  is 
granted. 

All  affairs  pertaining  to  naturalization  are  now  under 
the  Bureau  of  Immigration  and  Naturalization  maintain- 
ed by  the  Federal  Department  of  Commerce  and  Labor. 

Naturalization  of  Women 

As  the  States  grant  suffrage  to  their  women  they  find 
themselves  handicapped  by  Federal  law  on  the  subject 
of  naturalization,  but  are  powerless  to  make  any  local 
changes,  however  advisable  they  may  seem. 

The  foreign-born  man  who  comes  to  the  United  States 
with  the  intention  of  becoming  a  citizen  knows  that  as 
soon  as  he  has  completed  his  five  years'  residence  here 
he  may  vote,  if  he  so  wishes.  Generally  he  loses  no  time 
in  attending  to  the  business  of  naturalization.  The  young 
woman  who  comes  to  this  country  and  settles  in  a  State 
where  women  do  not  vote  often  neglects  naturalization 
and  when  she  is  placed  among  the  enfranchised  classes 
she  finds  that  she  has  not  the  right  to  vote  without  a  long 
season  of  waiting. 

By  making  application  immediately  upon  the  granting 
of  the  ballot  in  their  States,  women  may  be  naturalized 


12  A  Political  Primer 

in  two  years  and  three  months  if  they  have  previously 
lived  in  the  United  States  for  three  years,  tyt* -vf  hV  t,   ^  /' 

There  are  thousands  of  young  English  and  Irish  wo-    rW* 
men  whom  we  usually  think  of  as  American  citizens —      ^'^ 
they  think  of  themselves  as  such — because  they  have  so 
quickly  adopted  American  customs  and  ideals  and  made 
them  their  own.     These  women,  if  they  are  unmarried, 
must  go  through  the  process  of  naturalization  before  they 
will  be  eligible  as  electors. 

Women  in  States  which  have  not  yet  recognized  them 
as  electors  can  prepare  for  the  ballot  by  taking  steps  to- 
ward their  naturalization  as  soon  as  they  are  eligible  for 
citizenship. 


CHAPTER  IV. 

Elections 

Citizens  express  their  will  at  elections. 

An  election  is  defined  as  a  deliberate  act  of  choice, 
and  freedom  and  enlightenment  of  choice  are  the  founda- 
tion and  mainstay  of  democracy.  The  exercise  of  the 
elective  power  is  a  dignified  act  of  expression  stimulating 
the  voter  to  a  fuller  realization  as  it  is  the  more  freely 
exercised. 

Time!  of  Elections 

Certain  days  are  set  apart  upon  which  citizens  may 
express  their  will  at  the  polls.  On  the  first  Tuesday  after 
the  first  Monday  in  November  of  each  year  devisible  by 
four  we  hold  a  general  or  Presidential  election.  The  time 
for  holding  State,  city  and  county  elections  is  determined 
by  statutes  or  by  special  needs. 

The  Democratic  theory  of  government  presumes  that 
the  people  rule,  by  expression  of  opinion.  Formerly  their 
choice  was  a  choice  only  between  men.  Now  it  is  often 
a  choice  of  measures  and  the  voters  accept  or  reject  di- 
rectly at  the  ballot  box  many  of  the  propositions  which 
formerly  rested  with  legislators. 

Officials  are  chosen  by  direct  and  indirect  vote.  The 
President,  Vice-President  and  United  States  Senators  are 
chosen  indirectly.  Members  of  the  House  of  Represen- 
tatives, Governors,  State  Legislators,  and  all  local  officers 
not  appointed  are  chosen  by  direct  vote. 

Presidential  Elections 

The  President  and  Vice-President  are  elected  by  the 
electoral  college,  the  members  of  which  are  chosen  di- 


14  A   Political  Primer 

rectly  by  the  people.  Each  State  is  entitled  to  choose  as 
many  members  of  this  electoral  college  as  it  has  Senators 
and  Representatives  in  the  National  Congress. 

The  manner  of  choosing  these  members  of  the  elec- 
toral college  is  left  to  the  States.  In  the  beginning  they 
were  very  generally  chosen  by  the  State  Legislatures. 
Now  they  are  elected  by  the  people. 

The  Electoral  College 

In  most  States  the  members  of  the  electoral  college 
are  nominated  by  State  party  conventions,  but  the  Presi- 
dential preference  law,  a  new  measure  which  is  meeting 
with  general  popular  approval,  puts  the  nomination  di- 
rectly into  the  hands  of  the  people.  This  is  another  in- 
stance that  shows  the  modern  trend  toward  giving  the 
affairs  of  government  directly  into  the  hands  of  the  people 
and  breaking  away  from  arbitrary  party  rule. 

The  original  intention  of  the  framers  of  the  Constitu- 
tion was  that  the  electoral  college  should  be  left  to  choose 
at  will  any  man  whom  they  felt  would  best  fill  the  ex- 
ecutive chair.  Though  the  law  has  not  been  changed, 
custom  has  established  a  different  method.  The  Presi- 
dent is  now  really  elected  at  the  polls,  because  each 
Presidential  elector  is  pledged  to  vote  for  his  party  candi- 
date, and  the  choice  at  the  electoral  college  has  become  a 
mere  formality. 

The  ballot  of  the  electoral  college  is  cast  on  the  first 
Monday  of  January,  and  the  new  executive  is  formally 
inaugurated  on  the  4th  of  March  following. 

Choice  of  Senators 

In  most  States  the  choice  of  Senators  is  left  entirely 
to  the  legislators,  but  another  of  the  popular  measures 
which  has  been  adopted  in  some  States,  including  Cali- 


A  Political  Primer  15 

forma,  is  a  people's  advisory  vote  on  Senatorial  candi- 
dates. 

Though  each  State  makes  its  own  election  laws,  there 
is  not  today  a  very  wide  diversion  in  the  regulations  ol 
the  various  States.  For  the  purpose  of  simplifying  mat- 
ters we  will  describe  the  process  in  California,  which  does 
not  differ  widely  from  most  States,  and  which  expresses 
in  its  elections  most  of  the  progressive  measures  in  use  in 
the  United  States. 

The  Australian  Ballot 

The  Australian  ballot  is  used  at  all  elections  in  Cali- 
fornia, as  it  is  almost  universally.  Some  slight  variations 
from  the  regular  form  have  been  made,  but  the  general 
plan  is  the  same. 

All  ballots  are  secret  and  must  bear  no  marks  of  iden- 
tification. Each  is  printed  according  to  an  official  form. 

Voting 

The  polls  are  open  from  six  in  the  morning  until  six 
at  night,  and  the  election  laws  provide  that  any  person 
entitled  to  vote  in  any  general  election  in  the  State  may 
absent  himself  from  work  for  two  consecutive  hours  be- 
tween the  time  of  opening  and  closing  the  polls  without 
loss  of  wages. 

All  polling  places  must  be  provided  with  booths  in 
the  proportion  of  one  to  every  forty  electors  qualified  to 
vote  in  the  precinct. 

The  Voting  Booth 

Each  voting  booth  is  supplied  with  ink  pads  and 
rubber  stamps.  To  vote  for  any  candidate  or  measure 
the  voter  must  place  a  cross  (X)  in  the  voter's  square 
following  his  choice,  being  careful  to  use  the  stamp  only. 


16  A  Political  Primer 

The  time  in  which  to  cast  a  vote  is  limited  to  ten  minutes. 
The  intelligent  voter  will  go  to  the  polls  with  his  mind 
made  up  as  to  his  course  of  action,  and  the  mere  register- 
ing of  his  opinion  will  be  a  simple  matter,  easily  accom- 
plished within  this  time  limit.  No  two  voters  can  occupy 
a  booth  at  once.  If  the  voter  spoils  one  ballot,  another 
is  provided  to  the  extent  of  three — all  unused  ballots  be- 
ing returned  to  the  ballot  clerk,  who  preserves  them. 

A  sample  ballot  must  be  mailed  to  each  registered 
voter  by  the  authorized  official  at  least  five  days  before 
election.  The  county  or  city  clerk  is  responsible  for 
mailing  such  ballots. 

Qualifications  for  Voting 

All  electors  are  required  to  vote  in  the  precinct  in 
which  they  live,  and  the  name  of  each  must  appear  on  the 
great  register.  It  is  necessary  upon  entering  the  polling 
place  for  the  voter  to  write  his  name  and  address  on  a 
roster,  and  to  announce  the  name  to  one  of  the  ballot 
clerks  who  announces  it  to  another,  who  consults  the  reg- 
ister. The  signature  on  the  roster  and  the  signature  on 
the  register  must  compare,  unless  physical  infirmity  has 
made  it  impossible  for  the  voter  to  sign  his  own  name. 

Causes  for  Challenge 

Any  qualified  elector  may  challenge  the  right  of  any 
person  to  vote.  The  causes  for  challenge  are : 

That  the  voter  is  not  the  person  whose  name  appears 
upon  the  register. 

That  he  has  not  resided  in  the  State  one  year  preceding 
election. 

That  he  has  not  been  a  naturalized  citizen  of  the 
United  States  for  ninety  days  preceding  election. 

That  he  has  not  resided  in  the  county  or  precinct  the 
required  number  of  days. 


A  Political  Primer  17 

That  he  has  voted  before  on  the  same  day. 

That  he  has  been  convicted  of  an  infamous  crime,  or 
the  embezzlement  or  misappropriation  of  public  money. 

Answers  to  questions  determining  the  justice  or  in- 
justice of  the  challenge  must  be  made  under  oath. 

If  the  voter  is  not  challenged,  or  if  the  challenge  is  not 
allowed  the  voter  is  given  a  ticket,  or  if  there  is  a  gen- 
eral and  municipal  election  two  tickets.  The  numbers  of 
these  two  tickets  are  written  on  the  register  after  the 
voter's  name,  and  when  the  ballot  has  been  stamped  and 
deposited  in  the  ballot  box  the  word  "voted"  is  written 
after  these  names  and  numbers  to  prevent  "repeating." 

The  law  requires  that  when  the  polls  are  closed  the 
canvas  of  votes  shall  begin  at  once  and  continue  without 
interruption  until  completed.  If  there  are  two  tickets  the 
general  ticket  is  counted  first. 

Much  special  legislation  has  been  enacted  to  prevent 
fraud  in  registration,  voting  and  counting  the  ballots. 
Intimidating,  deceiving  and  corrupting  electors  is  punish- 
able as  a  felony. 


CHAPTER  V. 

Other  Duties  of  Citizenship — Taxes 

If  the  word  "taxes"  and  that  for  which  it  stands  had 
been  erased  from  the  world's  vocabulary,  our  histories 
would  tell  a  different  story. 

Taxation  is  the  legal  appropriation  of  private  prop- 
erty for  public  purposes. 

Private  property  is  legally  appropriated  in  two  ways : 
By  the  right  of  eminent  domain  and  by  the  right  of  di- 
rect and  indirect  taxation. 

The  right  of  eminent  domain  declares  that  private  in- 
terests are  second  to  community  interests  and  gives  the 
commonwealth  the  right  to  take  for  a  fair  return  that 
which  it  determines  to  be  necessary  for  the  common 
good. 

All  persons  who  own  property  must  pay  taxes,  re- 
gardless of  sex. 

Certain  lands  and  buildings  serving  the  common  good 
are,  because  of  such  service,  exempt  from  taxation. 

All  other  property  is  divided  into  two  classes  and 
taxed  as  real  estate,  or  personal  estate,  or  "real"  and 
"personal"  taxes. 

Poll  Tax 

A  poll  tax,  or  head  tax,  is  levied  upon  every  male 
citizen  over  twenty-one  years  of  age.  It  is  sometimes 
thought  to  be  a  voter's  tax,  but,  instead,  it  is  a  male  tax 
and  is  not  paid  by  women,  whether  or  not  they  have  the 
right  of  franchise. 

Personal  property  is  taxed  in  the  legal  residence  of 
the  owner,  but  real  estate  is  taxed  in  and  for  the  benefit 
of  the  city  and  county  and  State  in  which  it  is  located. 


A  Political  Primer  19 

Though  there  are  slight  differences  in  the  manner  of 
levying  and  collecting  taxes  in  the  various  States,  the 
principle  of  taxation  and  the  methods  of  fixing  tax  assess- 
ments are  very  much  the  same  throughout  the  Union. 
A  certain  amount  of  household  furniture,  varying  in  dif- 
ferent States,  is  exempt  from  taxation,  but  aside  from 
this  we  are  required  to  pay  personal  tax  upon  all  val- 
uables that  can  be  carried  from  one  place  to  another,  in- 
cluding bank  accounts,  bonds,  live  stock,  ships,  furni- 
ture, jewelry,  etc. 

Tariff 

The  tax  which  we  pay  to  support  the  Federal  Gov- 
ernment is  levied  in  a  different  way,  but  it  is  neverthe- 
less paid  by  the  people.  Federal  revenue  is  raised  by 
duties  on  imports,  and  by  excise  on  a  few  domestic  arti- 
cles. We  pay  our  duties  as  consumers  of  the  taxed  arti- 
cles and  call  it  tariff  instead  of  taxation. 

The  Constitution  of  the  United  States  provides  that 
Congress  shall  have  power  to  lay  and  collect  taxes,  duties, 
imposts  and  excises,  to  pay  the  debts  and  provide  for 
the  common  defense  and  general  welfare  of  the  United 
States. 

Jury  Duty 

Jury  duty  is  prescribed  by  the  States,  and  varies  in 
some  particulars,  although  the  general  plan  of  choosing 
jurors  in  use  in  California  today  is  much  the  same  as 
that  in  other  States.  The  Constitution  provides  that 
every  person  accused  of  crime  or  sued  at  law  shall  have 
the  right  of  trial  before  a  jury  of  his  peers.  The  Cali- 
fornia law  provides  that  a  juror  must  be  a  citizen  of  the 
United  States,  twenty-one  years  of  age,  who  has  been  a 
resident  of  the  State  for  one  year,  of  the  county  ninety 
days,  and  whose  name  is  on  the  last  assessment  roll  of 
the  county  or  city  and  county. 


20  A  Political  Primer 

Women  as  Jurors 

In  some  States  women  are  precluded  from  service  on 
juries  by  the  word  male,  which  appears  in  the  qualifi- 
cation clause.  In  California  and  in  some  of  the  other 
Western  States  this  exclusion  is  not  made.  Women  have 
served  on  juries  in  California,  but  the  fact  that  they  have 
become  electors  does  not  necessarily  affect  their  position 
so  far  as  eligibility  for  or  exemption  from  jury  duty  is 
concerned.  Their  acceptance  as  jurors  depends  very 
much  upon  the  opinion  of  the  judge  presiding  in  indi- 
vidual cases.  The  Attorney-General  of  California  re- 
cently held  that  women  are  not  eligible  for  jury  duty  in 
this  State. 

The  jury  that  decides  the  fate  of  accused  men  and 
women,  passes  judgment  upon  whether  or  not  the  com- 
mon good  will  be  best  served  by  taking  from  these  men 
and  these  women  their  liberty  or  their  life,  should  be 
composed  of  individuals  to  whom  the  common  good  is 
a  sacred  trust. 

Exemptions  from  Jury  Duty 

Some  men  and  some  women  best  serve  the  common 
good  by  remaining  away  from  courts  and  performing 
other  duties.  Certain  States  make  certain  exemptions 
from  jury  duty  on  the  same  basis  that  they  exempt  cer- 
tain property  from  taxation — the  common-good  basis. 
Thus  we  find  the  doctor,  the  druggist,  the  minister,  the 
priest,  the  telegraph  and  telephone  operator,  the  judicial, 
civil  and  military  officials,  newspaper  editors  and  re- 
porters, National  guardsmen,  volunteer  firemen,  en- 
gineers, brakemen,  motormen,  conductors  and  several 
other  classes  of  individuals  exempt. 

A  man  may  claim  the  right  to  be  excused  from  jury 
duty  also,  on  the  grounds  of  ill  health  or  because  of 
sickness  or  death  in  his  family. 


A  Political  Primer  21 

Bearing  Arms 

The  duty  of  bearing  arms  is  an  urgency  or  extraor- 
dinary duty,  and  citizens  are  only  called  on  to  perform  it 
when  the  actual  existence  of  the  State  is  threatened. 
But  men  who  would  respond  promptly  to  a  call  to  arms, 
if  they  felt  that  the  existence  of  their  State  was  threaten- 
ed, continually  shirk  these  other  serious  duties  which 
they  have  imposed  upon  themselves  and  which  they  admit 
to  be  necessary  for  the  common  good. 

The  citizen  who  remains  away  from  the  polls  on 
election  day  upon  an  excuse  to  himself  that  he  is  busy ; 
the  man  who  makes  his  neighbors  pay  his  share  of  the 
taxes,  while  he  defrauds  the  Government;  the  man  who 
leaves  the  performance  of  jury  duty  to  the  other  man, 
should  really  be  classed  among  the  undesirable  citizens. 
He  is  the  man  who  shirks  the  citizen's  duties,  upon  the 
performance  of  which  the  common  good  is  dependent. 


CHAPTER  VI. 

History  of  Our  Political  Parties 

Differences  of  opinion  create  political  parties. 

Tradition  plays  a  large  part  in  determining  whether 
men  shall  be  Democrats  or  Republicans.  The  man  whose 
father  was  a  Republican  is  not  certain  to  follow  in  his 
footsteps,  but  other  things  being  equal,  the  chances  are 
that  he  will  have  a  conviction  that  high  tariff  is  the  solu- 
tion of  all  the  country's  problems. 

"What  was  good  enough  for  father  is  good  enough  for 
me,"  is  the  sentiment  that  is  responsible  for  registering 
thousands  of  men  under  one  standard  or  the  other.  It  is 
only  in  the  last  few  years  that  the  new  voter  has  begun  to 
consider  and  decide  that  his  father's  day  is  not  his  day. 
In  the  new  generation  of  citizens  we  find  fewer  "hide- 
bound" party  members  than  ever  before  in  the  political 
history  of  the  United  States. 

Since  Jefferson  and  Hamilton  first  disagreed  over  the 
interpretation  of  the  Constitution  men  have  been  ranging 
themselves  on  one  side  or  another  of  political  questions. 
The  points  of  difference  have  changed  with  the  years  and 
even  the  names  of  the  parties,  but  in  one  form  or  another 
they  have  been  Republican  and  Democrat. 

In  National  politics  party  lines  are  still  closely  drawn, 
but  in  municipal,  and  even  in  State  politics,  non-parti- 
sanship is  on  the  increase  and  new  legislation  points  the 
way  to  direct  participation  in  politics  individually,  in- 
stead of  through  the  medium  of  the  party. 

Parties  have  come  and  gone,  and  this  generation  can 
not  even  recall  the  names  of  many  of  them,  but  each  has 
had  its  effect.  Each  has  demanded  recognition  for  its 
issues  and  forced  them  to  some  degree  to  the  attention 
of  the  dominant  parties. 


A  Political  Primer  23 

The  most  important  point  of  difference  between  the 
three  leading  parties  today  is  their  attitude  on  the  trust 
question. 

The  Republicans  believe  in  regulating  the  trusts,  the 
Democrats  believe  in  abolishing  them,  and  the  Socialists 
believe  in  owning  them. 

The  Republicans  say  that  the  present  social  and  eco- 
nomic order  is  the  best.  The  Democrats  say  we  should 
return  to  earlier  days  of  competition,  and  the  Socialist 
regards  the  trusts  and  combinations  an  improvement 
over  wasteful  competitive  systems,  but  advises  that  we 
go  forward  and  take  over  the  trusts. 

A  fourth  party,  the  Prohibition  party,  owes  its  ex- 
istence to  an  entirely  different  issue — the  liquor  ques- 
tion. 

The  Republican  Party 

The  present  Republican  party  had  its  birth  in  a  free 
soil  movement  in  1854,  and  the  question  at  issue  was  the 
repeal  of  the  Missouri  Compromise.  The  name  was  sug- 
gested by  Horace  Greeley  and  the  first  convention  was 
held  in  Jackson,  Michigan,  on  July"  6th  of  that  year. 
Almost  simultaneously  there  were  conventions  in  six 
other  States — Maine,  Illinois,  Massachusetts,  Wiscon- 
sin, Iowa  and  Indiana.  The  following  year  there  were  in 
the  upper  house  of  Congress  fifteen  Republicans  to  forty- 
two  Democrats  and  five  Americans.  In  the  House  of 
Representatives  there  were  108  Republicans,  eighty- 
three  Democrats  and  forty-five  Americans. 

The  party  platform  of  the  first  Republican  Presiden- 
tial convention  declared  opposition  to  the  extension  of 
slavery,  and  to  polygamy,  and  advocated  the  repeal  of  the 
Missouri  Compromise  and  the  admission  of  Kansas  as 
a  State. 

John  C.  Fremont,  the  Californian,  was  the  first  Presi- 
dential nominee  and  two  of  the  slogans  of  his  campaign 


24  A  Political  Primer 

were  National  aid  for  a  railway  to  the  Pacific  and  a  lib- 
eral appropriation  for  rivers  and  harbors.  Fremont  poll- 
ed 114  of  the  electoral  votes  and  Buchanan  174. 

Four  years  later,  with  Abraham  Lincoln  as  the  Presi- 
dential candidate,  the  Republican  party  rode  into  Wash- 
ington victorious. 

Almost  full  grown  from  the  beginning,  the  Republi- 
can party  sprang  into  being.  During  Lincoln's  campaign 
the  new  party  pledged  itself  to  the  doctrine  of  protective 
tariff,  which  it  advocates  today. 

The  affairs  of  government,  enough  in  themselves  for 
even  a  prodigy  infant,  were  only  the  beginnings  of  the 
work  of  the  new  administration,  for  it  was  into  the  fire 
with  a  war  on  hand  before  it  had  really  discovered  where 
the  great  seal  was  kept. 

Since  then  Republicans  have  held  the  White  House, 
except  during  the  years  from  1884  to  1888,  and  from  1892 
to  1896. 

Abolition  of  slavery,  reconstruction  after  the  Civil 
war,  the  Spanish-American  war,  the  protective  tariff  acts, 
the  1862-Homestead  law  by  which  Government  lands 
were  thrown  open  to  settlement,  and  the  revision  of  the 
rules  of  the  House,  are  some  of  the  most  important  of 
this  party's  achievements. 

The  Democratic  Party 

The  Democratic  party  of  today  was,  in  the  days  of 
Jefferson  and  Hamilton,  the  Republican  party,  and  since 
then  it  has  been  called  the  Democratic-Republican  party 
and  the  Democratic  party. 

Thomas  Jefferson,  its  founder,  advocated  the  doctrine 
of  popular  sovereignty.  He  believed  the  people  were 
competent  to  carry  on  the  activities  of  government  and 
favored  State  rule  as  opposed  to  the  strong  centralized 
National  government  advocated  by  Hamilton. 


A  Political  Primer  25 

His  administration  was  characterized  in  every  aspect 
by  simplicity  and  austere  renunciation  of  the  pomp  and 
ceremony  with  which  some  of  his  predecessors  had 
sought  to  invest  the  Presidential  office. 

In  his  adherence  to  these  standards  of  simplicity,  Jef- 
ferson gave  to  his  party  an  ideal  which  has  lasted  through 
succeeding  generations  and  the  slogan  today  is  "Back  to 
Jeffersonian  Democracy." 

The  governmental  theory  of  the  Democratic  party  has 
always  been  strict  construction  of  the  Constitution  with 
regard  to  the  powers  delegated  to  the  Federal  Govern- 
ment and  those  reserved  to  the  States.  The  assertion  of 
individual  rights  in  contra-distinction  to  the  restrictions 
imposed  by  government  followed  naturally. 

In  recent  years  the  tariff  has  been  the  chief  issue,  the 
tariff  theory  of  the  Democrats  being  directly  opposed  to 
that  of  the  Republicans.  Tariff  for  revenue  only  is  the 
Democratic  cure-all.  The  Democratic  party  is  opposed 
to  private  monopolies  and  believes  that  by  putting  the 
products  of  the  trusts  upon  the  free  list,  competition 
could  be  restored. 

Centralization  of  all  sorts  has  been  fought  by  the 
Democrats.  Jackson  vetoed  the  bank  charter  on  the 
ground  that  it  centralized  the  power  of  wealth.  William 
Jennings  Bryan,  who  is  the  most  notable  figure  in  the 
Democratic  party  in  recent  times,  advocates  State  au- 
tonomy in  most  of  his  platform  speeches.  This  policy 
of  opposition  to  centralized  power  in  any  form  has  been 
consistently  maintained  by  the  Democratic  party  since 
its  beginning. 

Enlargement  of  the  scope  of  interstate  commerce  reg- 
ulation is  another  measure  advocated. 

The  Monroe  Doctrine  promulgated  by  James  Monroe 
is  a  contribution  of  the  Democrats  which  has  played  a 
vital  part  in  the  relation  of  the  United  States  with  other 
countries.  Bryan  opposed  imperialism  with  especial 


26  A  Political  Primer 

reference  to  Porto  Rico  and  the  Philippines,  and  demand- 
ed the  remonitization  of  silver,  advocating  that  the  in- 
trinsic value  of  both  gold  and  silver  dollars  should  be  the 
same  and  that  both  should  be  coined  without  charge  for 
mintage. 

In  recent  years  the  Democrats  have  had  such  brief 
sessions  of  power  that  they  have  not  been  able  to  make 
any  great  direct  contribution  to  our  National  Government. 
Indirectly  they  have  made  themselves  felt  by  influencing 
National  thought. 

The  Socialist  Party 

The  Socialist  party  is  unique  among  American  politi- 
cal parties  because  of  its  international  character. 

It  is  a  party  of  measures,  not  men.  The  struggle 
which  it  expresses  is  in  its  origin  economic,  but  sooner 
or  later  is  transferred  to  the  political  field  under  the  name 
of  the  Socialist  party. 

The  object  is  the  use  of  the  powers  of  government 
and  society  in  the  interests  of  the  workers. 

The  growth  of  the  organization  in  the  last  fifty  years 
is  without  parallel  in  history.  In  Germany,  from  493,000 
members  in  1877  it  has  increased  to  3,259,000  in  1907. 
The  growth  in  the  last  five  years  is  not  officially  com- 
puted, but  Germany  has  at  least  4,000,000  Socialist  citi- 
zens today.  By  a  system  of  disenfranchisement  their 
votes  have  been  undercounted,  but,  nevertheless,  there 
are  over  100  members  in  the  German  Reichstag. 

In  France,  470,000  Socialists  in  1877  have  grown  to 
1,106,047.  Austria  counts  1,041,000  Socialists,  Belgium 
483,  and  Great  Britain  373,645. 

There  are  in  the  world  today  approximately  50,000,000 
Socialists. 

More  than  500  of  these  are  representatives  in  Na- 
tional Legislatures  and  12,000  hold  municipal  office. 


A  Political  Primer  27 

In  the  United  States  nearly  500  Socialists  are  in 
office. 

Since  the  whole  working  plan  of  the  Socialist  party  is 
based  upon  an  entirely  different  system  of  society  than 
that  which  now  prevails,  Socialists,  even  when  they  hold 
office,  can  do  no  more  than  existing-  law  permits.  Their 
principal  effect  has  been  upon  the  thought  of  the  world. 

Locally,  the  several  branches  of  the  party  take  va- 
rious stands  on  questions ;  all,  however,  in  accord  with 
the  general  principle  of  the  international  body. 

In  the  United  States  the  Socialist  party  stands  in  the 
main  for  Government  control  of  public  monopolies,  for 
the  taking  over  of  the  public  service  corporations  by  the 
States  and  municipalities  in  which  they  are  located  as 
fast  as  their  franchises  run  out,  for  the  Government  em- 
ploy of  those  who  cannot  find  work  elsewhere,  for  free 
text-books,  old  age  pensions,  initiative,  referendum  and 
recall,  free  speech,  free  press  and  the  abolition  of  pov- 
erty. The  theory  of  Socialism  will  be  discussed  in  an- 
other chapter. 

The  Prohibition  Party 

"That  the  traffic  in  intoxicating  beverages  is  a  dis- 
honor to  civilization,  inimical  to  the  best  interests  of 
society,  a  political  wrong  of  unequalled  enormity  not 
capable  of  being  restrained  by  any  system  of  license  what- 
ever, but  imperatively  demanding  for  its  suppression  ef- 
fective legal  prohibition  by  State  and  National  legis- 
lation ; 

"That  in  view  of  this,  and  inasmuch  as  the  existing 
political  parties  either  oppose  or  ignore  this  great  and 
paramount  issue,  we  are  driven  by  an  imperative  sense 
of  duty  to  sever  our  connection  with  any  existing  politi- 
cal party  and  organize  ourselves  into  a  National  Prohi- 
bition party,  having  for  its  primary  object  the  entire  sup- 
pression of  the  traffic  in  intoxicating  beverages." 


28  A  Political  Primer 

This  platform,  adopted  by  an  organising  convention 
which  met  under  the  auspices  of  the  Right  Worthy  Lodge 
of  Good  Templars,  September  1,  1869,  still  expresses  the 
spirit  of  the  Prohibition  party. 

It  was  not  until  after  the  Civil  war  that  the  liquor 
traffic  became  organized  sufficiently  to  fight  with  any  de- 
gree of  success  the  restraint  of  prohibition  which  the 
churches  had  formerly  placed  upon  it.  Although  the 
prohibition  issue  had  been  a  feature  of  political  import- 
ance for  many  years,  its  advocates  were  not  organized 
as  a  separate  party  until  the  growth  of  the  liquor  inter- 
ests made  these  interests  formidable  in  politics. 

The  movement  has  always  been  closely  affiliated  with 
church  activities,  a  strong  religious  sentiment  inspiring 
most  of  its  advocates  and  being  voiced  in  its  platforms. 
As  a  party  the  Prohibitionists  have  never  strongly  fought 
for  any  political  principle  other  than  the  abolition  of  the 
traffic  in  liquor. 

They  have  been  opposed  strenuously  by  the  liquor  in- 
terests who  have  used  every  resource  of  influence  and 
money.  They  also  struggle  against  a  large  proportion  of 
uninterested  voters  who  either  disregard  the  question  or 
believe  that  prohibition  is  not  the  cure  for  the  liquor  evil. 

Nevertheless,  the  Prohibition  party  today  polls  nearly 
300,000  votes,  and  although  it  has  never  been  successful 
in  a  National  election,  it  has  certainly  influenced  our  Na- 
tional attitude  toward  the  liquor  problem. 


PART   TWO. 

PROGRESSIVE 

LEGISLATION. 


A  Political  Primer  31 

CHAPTER  VII. 

Progressive  Measures 

Initiative,  Referendum  and  Recall 

"The  measure  and  the  man"  is  the  slogan  of  the  fu- 
ture. 

It  is  taking  the  place  of  "party  loyalty." 

The  growing  belief  in  more  complete  democracy  is 
destroying  political  bossism.  When  the  political  his- 
tory of  the  world  is  written  from  the  viewpoint  of  a 
hundred  years  hence,  perhaps  the  most  significant  feature 
of  the  present  period  will  be  the  destruction  of  party  auto- 
cracy. 

On  every  hand  there  are  the  beginnings  of  the  rebel- 
lion against  ring  rule.  This  popular  rebellion  is  express- 
ing itself  in  progressive  legislation,  placing  more  power 
directly  in  the  hands  of  the  people. 

Practically  all  the  legislation  of  today  is  along  the 
lines  of  increasing  self-government  and  protecting  hu- 
manity. 

The  initiative,  referendum  and  recall  are  the  principal 
measures  of  direct  legislation. 

The  Initiative 

The  initiative  gives  the  people  the  right  to  initiate 
law.  It  provides  that  a  certain  percent  of  the  voters 
may  by  petition  propose  laws,  statutes  and  constitutional 
amendments. 

The  California  initiative  law,  which  was  passed  in  the 
form  of  an  amendment  to  the  State  constitution  in  1911 
permits  5  per  cent  of  the  qualified  electors  to  present  to 
the  Secretary  of  State  at  least  ten  days  before  the  com- 
mencement of  a  regular  session  of  the  Legislature  a  peti- 
tion proposing  a  statutory  law. 


32  A  Political  Primer 

This  petition  is  transmitted  to  the  Legislature  by  the 
Secretary  of  State,  and  if  no  action  is  taken  on  it  within 
forty  days,  or  if  the  measure  is  not  passed  by  the  Legisla- 
ture, it  is  referred  to  the  people  at  the  next  regular  elec- 
tion. The  Legislature  may,  if  it  desires,  present  a  dif- 
ferent law  on  the  same  subject,  in  which  case  the  people 
will  be  permitted  to  express  their  opinion  upon  both. 
When  the  measure  is  to  be  presented  directly  to  the  peo- 
ple, instead  of  to  the  Legislature  at  a  time  when  the 
Legislature  is  not  soon  to  convene,  signatures  of  8  per 
cent  of  the  voters  are  necessary  to  the  original  petition. 

The  Referendum 

The  referendum  provides  that  a  certain  per  cent  of 
the  voters  may  demand  that  laws  previously  passed  by 
the  Legislature  shall  be  referred  to  the  whole  people  for 
approval. 

The  California  referendum  law  provides  that  within 
ninety  days  after  final  adjournment  of  the  Legislature, 
5  per  cent  of  the  voters  may  demand  that  any  measure 
passed  during  that  session  be  submitted  to  referendary 
vote.  Exceptions  to  this  rule  are  measures  calling  elec- 
tions or  providing  for  tax  levies  and  urgency  measures. 

In  order  that  this  urgency  clause  shall  not  be  abused, 
no  act  granting  a  franchise  or  any  special  privilege  or 
creating  a  vested  right  shall  be  constituted  as  an  urgency 
measure. 

The  Recall 

The  recall  gives  the  constituents  of  any  official  the 
right  to  dismiss  that  official  from  office. 

In  California,  in  order  to  thus  recall  an  official,  12 
per  cent  of  the  voters  must  sign  a  petition  for  the  recall 
of  a  State  officer,  and  20  per  cent  for  any  lesser  official. 
The  per  cent  is  computed  in  recalling  State  officers  upon 


A  Political  Primer  33 

the  number  of  votes  cast  for  the  Governor  at  the  preced- 
ing election.  In  the  case  of  lesser  officials  it  is  computed 
upon  the  number  of  votes  cast  for  the  office  in  question. 

A  special  election  is  then  called  at  which  the  people 
shall  choose  between  the  officer  sought  to  be  recalled  and 
the  candidate  nominated  to  replace  him  in  his  office.  A 
majority  vote  is  necessary  to  remove  the  incumbent 
official. 

The  recall  applies  to  all  elective  offices,  executive, 
legislative  and  judicial.  No  officer  shall  be  subject  to 
recall  until  he  has  held  office  for  six  months,  excepting 
members  of  the  Legislature,  who  may  be  recalled  five 
days  after  the  organization  of  the  Legislature. 

Direct  legislation  measures  have  been  passed  in  many 
States,  among  them  South  Dakota,  Utah,  Oregon,  Ne- 
vada, Montana,  Oklahoma,  Maine,  Missouri  and  Colo- 
rado. In  others  various  bills  leading  to  direct  legislation 
are  pending. 

Direct  Primary 

The  direct  primary  is  usually  the  first  step  in  pro- 
gressive legislation. 

It  is  a  method  of  taking  the  nominating  power  from 
the  party  ring  and  placing  it  directly  in  the  hands  of  the 
voter.  In  slightly  differing  forms  it  is  in  force  in  sev- 
eral States. 

Time  of  Primary  Elections 

In  California  the  regular  nominating  or  primary  elec- 
tion is  held  at  the  legally  designated  polling  places  on  the 
first  Tuesday  in  September.  All  candidates  to  be  voted 
on  at  the  ensuing  November  election  are  placed  on  the 
final  ballot  by  this  September  primary  election. 

Sixty  days  before  this  primary  a  list  of  all  offices  to 
be  filled  is  prepared  by  the  Secretary  of  State  and  sent 
to  the  county  clerk  or  registrar  of  voters  who  publishes  it. 


34  A   Political  Primer 

Thirty-five  days  before  the  September  primary  a  nom- 
ination paper  must  be  filed  by  the  candidate  for  office  in 
order  that  his  name  may  be  placed  upon  the  primary  bal- 
lot. All  elective  officers  of  the  State  are  nominated  in  this 
manner  by  direct  vote  of  the  people  at  the  primaries. 

If  any  candidate  receives  at  the  primary  a  majority  of 
the  total  number  of  votes  cast  for  the  office,  he  is  declared 
elected  and  need  not  be  voted  for  at  the  final  election. 

Since  the  election  of  United  States  Senators  is  provid- 
ed for  by  the  Federal  Constitution,  they  are  still  appoint- 
ed by  the  State  Legislatures,  but  a  Senatorial  preference 
vote  enables  the  people  to  express  their  choice  for  United 
States  Senators  at  the  primary  polls.  From  those  chosen 
in  this  manner  the  Legislature  elects  our  Senators  at 
Washington. 

A  Presidential  preference  law  passed  by  the  Cali- 
fornia Legislature  of  1911  allows  the  people  of  this  State 
to  express  their  preference  for  Presidential  nominees  in- 
stead of  leaving  the  choice  entirely  in  the  hands  of  the 
State  convention. 

Thus  political  power  is  again  in  the  hands  of  the  Cali- 
fornia people  almost  as  completely  as  it  was  in  the  hands 
of  the  New  Englanders  in  the  old  town  meeting  days. 

Railroad  Regulation 

Following  the  Civil  war  period  the  growth  of  the  rail- 
roads became  one  of  the  disturbing  elements  of  our  Na- 
tional life.  As  the  result  of  the  many  lines  rapidly  built 
at  that  time,  a  severe  competitive  struggle  grew  up  be- 
tween them.  This  struggle  cut  railroad  rates  to  much 
below  cost  in  many  places  where  competition  was  bit- 
terest, making  up  this  deficit  by  overcharging  between 
points  tapped  by  only  one  line. 

This  method  of  business  being  both  expensive  and 
precarious,  combinations  were  the  natural  result.  Com- 
bined, the  railroads  could  do  with  the  people  what  they 


A  Political  Primer  35 

willed — carry  them  and  their  goods  when  and  how  and  at 
whatever  rate  they  chose. 

As  naturally  as  the  combinations  came,  so  came  the 
people's  protest  against  them.  The  first  appeal  was  made 
to  the  State  governments,  but  their  jurisdiction  was  lim- 
itted.  As  the  traffic  was  interstate,  it  was  soon  evident 
that  the  laws  regulating  it  must  be  interstate. 

The  Interstate  Commerce  Act  of  1887  was  the  first 
step  toward  National  regulation  of  railroads.  As  later 
amended  it  provides  that  a  short  haul  shall  not  be  charged 
for  at  a  greater  rate,  proportionally,  than  a  long  haul 
over  the  same  route ;  that  combination  for  the  purpose  of 
dividing  traffic  is  illegal,  and  that  publicity  of  railroad 
rates  be  compulsory. 

An  Interstate  Commerce  Commission  of  seven  mem- 
bers was  created  by  the  act  to  carry  out  the  provisions 
of  the  act  and  this  commission  was  later  given  power  to 
fix  maximum  rates. 

This  act  has  not  prevented  railroad  combinations.  It 
has,  instead,  forced  them.  In  order  to  avoid  the  statute 
against  pooling,  railroads  have  combined  into  a  few  great 
systems.  Although  creating  the  trusts  which  it  was 
formed  to  prevent,  this  Interstate  Commerce  Act  and 
Commission  still  remain  the  people's  tools  with  which  to 
control  the  great  railroad  mergers.  They  were  used  re- 
cently by  President  Roosevelt  to  smash  the  proposed 
Northern  Securities  merger. 

To  safeguard  further  interests  against  possible  misuse 
of  railroad  power,  the  States  have  established  individual 
interstate  commerce  commissions,  with  powers  similar 
to  those  of  the  National  commission. 

In  1911  the  California  Commerce  Commission  be- 
came unique  among  similar  boards  by  one  of  the  most 
extraordinary  grants  ever  made  to  any  body. 

This  grant,  made  by  the  Eshlemann  bill,  makes  the 
commission  appointive,  and  gives  it  full  power  in  the 


36  A  Political  Primer 

supervision  of  all  public  utilities  within  the  State.  Under 
the  provisions  of  this  bill,  the  commission  has  power  to 
punish  for  contempt  any  corporation  which  disregards 
its  authority,  and  its  decisions  are  not  subject  to  review 
by  the  courts  unless  they  are  claimed  to  amount  to  con- 
fiscation of  property,  provided  that  the  corporation  which 
is  affected  by  the  decision  has  had  an  opportunity  to  pre- 
sent its  side  of  the  case  before  the  decision  is  rendered. 
This  act  gives  the  people  of  California  almost 
complete  control  of  the  State  utilities.  Its  measures 
are  revolutionary.  Just  what  it  will  mean  to  the  future  of 
the  State  cannot  yet  be  predicted,  but  it  has  already  loos- 
ened the  grip  of  the  iron  hand  of  railroad  control  of  Cal- 
ifornia. 

Conservation  Measures 

"Conservation"  as  a  National  issue  is  but  a  few  years 
old.  In  the  prodigality  of  our  natural  resources  we  have 
wasted  much  of  them  for  two  centuries.  It  is  only  re- 
cently that  we  as  a  people  have  awakened  to  the  necessity 
of  conserving  our  natural  timber,  power  and  water  sup- 
plies for  the  use  of  all  the  people. 

In  California  conservation  became  recognized  as  a 
definite  purpose  of  legislation  for  the  first  time  in  1911. 
Three  measures  were  introduced  in  the  Legislature  of 
that  year  looking  to  the  prevention  of  exploiting  our 
great  natural  resources  for  the  benefit  of  a  few  at  the 
expense  of  the  people. 

A  commission  was  created  to  list  the  natural  resources 
of  the  State,  to  investigate  conservation  legislation  in 
other  States,  and  to  decide  upon  the  most  effective  way 
of  preserving  the  natural  resources  to  the  people. 

The  members  of  this  commission  receive  no  salary. 
They  work  for  the  good  of  California. 

So  important  is  this  measure  considered  that  an  ap- 
propriation of  $100,000  was  made  to  carry  on  the  work 


A  Political  Primer  37 

of  the  commission.     The  bill  passed  both  houses  of  the 
Legislature  with  but  one  dissenting  vote. 

Prison  Reform 

The  spotlight  of  publicity  is  being  turned  upon  the 
prisons  of  the  country.  The  result  is  an  expose  of  condi- 
tions that  is  causing  a  spontaneous  demand  on  the  part 
of  the  citizens  for  the  eradication  of  some  of  the  most 
flagrant  evils  of  prison  life. 

The  fact  that  such  a  large  percentage  of  first-termers 
who  are  discharged  from  the  prison  return  later  to  serve 
subsequent  terms  is  sufficient  proof  that  the  state  prisons 
as  reformatories  are  an  absolute  failure. 

Men  who  go  into  the  prisons  novices  in  wrong-doing 
come  out  past  masters  in  crime.  Even  from  the  most 
selfish  point  of  view  this  is  a  dangerous  system  for  society 
to  pursue. 

Popular  feeling  concerning  prison  reform  is  growing 
stronger  daily.  There  is  no  doubt  that  in  the  near  future 
it  will  be  crystallized  into  effective  legislation. 

Already  several  tentative  measures  have  been  passed 
by  the  various  states.  Capital  punishment  has  been 
abolished  in  some  states  and  more  and  more  people  are 
voicing  a  protest  against  allowing  a  state  to  commit  an 
official  murder  because  an  individual  has  committed  an 
unofficial  murder.  Indications  are  that  the  day  will  come 
when  society  will  cease  to  wreak  vengeance  upon  of- 
fenders and  will  restrain  them  only  so  far  as  it  is  necessary 
for  the  protection  of  society. 

California  made  a  beginning  by  authorizing  the  manu- 
facture by  the  state  prisoners  of  articles,  materials  and 
supplies  for  the  use  of  the  prisons.  This  measure  will 
eventually  save  the  state  a  large  sum  of  money,  but  its 
most  important  effect  will  be  to  relieve  the  prisoners  from 
the  torment  of  idle  confinement. 

Trade  schools  for  prisoners  should  grow  out  of  this, 


38  A  Political  Primer 

enabling  the  prisoner  to  earn  a  livelihood  honestly  upon 
his  release. 

Another  desirable  measure  would  be  to  make  it  pos- 
sible for  the  prisoner,  while  serving  a  sentence  to  support, 
at  least  in  part,  dependent  members  of  his  family..  These 
helpless  women  and  children  are  more  injured  by  the 
man's  fault  than  society  itself.  In  insuring  its  own  pro- 
tection society  should  also  protect  them. 


CHAPTER  VIII. 

Further  Progressive  Measures 

Woman's  Eight-Hour  Law 

The  measures  which  are  proposed  for  the  protection 
of  human  life  are  fought  more  bitterly  than  any  others. 
To  protect  human  life  costs  money.  It  cuts  down  profits. 

When  the  eight-hour  workday  for  women  became 
law  as  the  result  of  the  passage  of  a  bill  in  1911,  the  meas- 
ure was  more  bitterly  contested  than  any  other  proposed 
in  the  session. 

Some  employers  argued  that  it  works  a  hardship  upon 
the  women,  because  they  can  not  earn  enough  to  live  on 
by  working  only  eight  hours.  Physicians  claim  that 
eight  hours  is  as  much  as  any  woman  should  work,  and 
that  in  some  occupations  longer  hours  than  these  are 
suicidal.  Many  of  the  women  workers  are  mothers,  and 
the  majority  of  the  others  hope  some  day  to  be.  Neither 
class  can  best  serve  the  State  if  they  must  ruin  their 
health  and  thus  become  unfit  for  the  duties  of  most  im- 
portance to  the  common  good. 

It  would  seem  then  that  the  question  for  humanitar- 
ians to  consider  is  not  how  to  make  it  possible  for  women 
to  work  more  than  eight  hours,  but  how  they  may  secure 
sufficient  wages  for  eight  hours'  work  to  enable  them  to 
live. 

The  bill,  as  it  finally  passed  the  Legislature,  provided 
that  no  female  shall  be  employed  in  any  manufacturing, 
mechanical  or  mercantile  establishment,  laundry,  hotel  or 
restaurant,  or  telegraph  or  telephone  establishment  or 
office,  or  by  any  express  or  transportation  company  in 
this  State  more  than  eight  hours  in  any  one  day,  or  more 
than  forty-eight  hours  in  any  week ;  provided,  however, 
that  the  provisions  in  this  section  shall  not  apply  to  nor 


40  A   Political  Primer 

effect  the  harvesting,  curing,  canning  or  drying  of  any 
variety  of  perishable  fruit  or  vegetable. 

The  Governor,  in  signing  the  eight-hour  bill,  after 
hearing  a  storm  of  protest  against  it  from  California  em- 
ployers, said:  "Strong  men  by  unity  of  action  have  ob- 
tained for  themselves  an  eight-hour  day.  Shall  we  re- 
quire greater  hours  of  labor  of  our  women? 

"As  long  ago  as  1872  it  was  enacted  by  Section  3244 
of  the  Political  Code  that  eight  hours  of  labor  should 
constitute  a  day's  work,  and  our  law  has  gone  to  the  ex- 
tent of  requiring  that  a  stipulation  to  that  effect  shall  be 
made  a  part  of  all  contracts  in  which  the  State  or  any 
municipal  corporation  is  a  party. 

"Now  the  policy,  therefore,  of  the  State  is  of  long 
standing,  and  while  the  sections  quoted  refer,  of  course, 
to  public  work,  they  established  what  has  been  the  set 
policy  of  California  for  more  than  forty  years — that  eight 
hours  shall  constitute  a  day's  labor. 

"The  argument  against  the  eight-hour  day  for  women 
is  purely  economic.  It  is  asserted  that  it  will  work  hard- 
ship upon  various  enterprises — that  these  enterprises 
will  have  to  close  and  that  financial  disaster  will  follow. 

"This  has  been  the  argument  ever  advanced  against 
legislation  of  this  sort,  and  even  against  legislation  de- 
signed for  the  protection  of  the  public,  such  as  pure  food 
laws. 

"When  the  first  shorter  hour  law  was  adopted  in  Eng- 
land, the  English  employers  with  the  utmost  vehemence 
protested.  None  of  the  ills  they  prophesied  occurred. 
Many  of  us  remember  the  first  child  labor  laws.  At  the 
time  of  the  enactment  of  these  in  our  State  many  of  our 
reputable  business  men  protested  with  earnestness  and 
apparent  sincerity  that  they  could  not  compete  with  their 
rivals,  and  the  enactment  of  such  laws  meant  their  ruin. 
When  a  law  limiting  the  hours  of  miners  was  enacted, 
many  mine  owners  appeared  and  insisted  that  the  indus- 


A  Political  Primer  41 

try  would  be  entirely  destroyed.  Today  the  same  mines 
are  running  with  the  same  profit  and  the  same  employes. 
"The  economic  argument  also  fails  because  experience 
has  shown  that  productivity  will  not  be  materially  de- 
creased under  an  eight-hour  law." 


Employers'  Liability 

Industry  in  the  United  States  kills  each  year  from 
thirty  thousand  to  fifty  thousand  persons  and  injures 
nearly  two  million  more. 

How  to  cut  down  this  terrible  toll  of  human  life  and 
limb  sacrificed  to  commercialism,  and  the  poverty  and 
suffering  of  countless  others  resulting  therefrom  is  one 
of  the  great  problems  of  the  age. 

Employers'  liability  legislation  is  the  remedial  ex- 
pedient being  tried  in  the  most  progressive  States. 
There  is  in  force  in  California  a  law,  faulty  in  some  re- 
spects, yet  a  vast  improvement  as  a  protective  and  com- 
pensatory measure  upon  anything  on  the  statute  books  of 
the  State,  until  1911.  It  is  the  purpose  of  this  law  to 
furnish  prompt  and  reasonable  compensation  to  an  in- 
jured employe,  provide  him  with  medical  attention,  give 
aid  to  those  dependent  upon  him  during  his  inability  to 
work,  utilize  for  him  and  those  dependent  upon  him  the 
large  sums  of  money  now  paid  out  for  litigation,  and  re- 
duce to  a  certainty  the  nebulous  legal  responsibility  of 
the  employer,  and  finally  so  systematize  all  commercial 
enterprises  that  each  industry  shall  provide  for  its  own 
injured  in  its  general  expense  account. 

The  things  that  made  employers'  liability  little  more 
than  a  name  so  far  as  the  workers  were  concerned  were 
the  "fellow  servant"  and  "assumption  of  risk"  defenses. 
The  employer  was  not  responsible  to  the  employe  for 
damages  except  for  gross  negligence  or  wrong-doing, 
and  then  the  slightest  contributory  negligence  on  the 


42  A  Political  Primer 

part  of  the  injured,  or  a  fellow  workman,  defeated  any 
attempt  at  legal  redress.  The  employee  was  legally  re- 
sponsible for  accidents  that  might  occur  to  him  where  no 
particular  person  or  thing  could  be  charged  with  negli- 
gence or  misconduct,  the  law  holding  that  the  employe 
assumed  a  risk  when  he  accepted  employment  and  must 
bear  the  burden.  The  new  California  law  modifies  the 
common  law  defenses  in  the  following  terms: 

"It  shall  not  be  a  defense : 

"1.  That  the  employe  either  expressly  or  impliedly 
assumed  the  risk  of  the  hazard  complained  of ; 

"2.  That  the  injury  or  death  was  caused  in  whole  or 
in  part  by  the  want  of  ordinary  or  reasonable  care  of  a 
fellow  servant." 

The  present  California  law  is  divided  into  two  parts 
— liability  and  compensation.  At  present  it  is  elective 
with  the  employer  whether  or  not  he  will  come  under 
compensation.  The  law  provides  a  certain  fixed  scale 
of  compensation  to  be  paid  for  loss  of  life  or  limb  based 
upon  loss  of  earning  capacity,  fixing  the  maximum  in  any 
case  at  $5000,  and  establishes  an  Industrial  Accident 
Board  for  the  adjustment  of  all  disputes  or  controversies 
concerning  compensation. 


CHAPTER  IX. 
The  Legal  Status  of  Women 

"Women  do  not  need  rights ;  they  have  privileges." 

Mention  the  subject  of  woman  and  law  in  any  gather- 
ing, and  some  one  is  certain  to  make  this  answer. 

It  leads  us  to  the  discussion  of  a  subject  that  is  full  of 
surprises.  Comparatively  few  women  realize  until  some 
twist  of  circumstances  robs  them  of  their  privileges,  how 
many  of  the  things  which  they  took  for  granted  as  rights 
under  the  law  have  no  relation  whatever  to  law. 

The  woman  who  leads  a  happy,  protected  life,  with  a 
generous  and  honorable  man,  may  never  know  the  need 
of  rights,  yet  again,  she  may  find  herself  tomorrow  rob- 
bed of  the  protection  of  that  man,  robbed  of  her  priv- 
ileges, and  face  to  face  with  the  very  serious  prob.lem  of 
her  lack  of  rights. 

The  protected  woman,  who  has  privileges,  may,  per- 
haps, be  able  to  retain  those  privileges  to  the  end  of  her 
life ;  but  the  woman  is  rare  who,  realizing  the  facts,  would 
not  give  up  her  privileges  gladly  that  her  unfortunate 
sister,  who  is  not  surrounded  with  love  and  protection, 
might  be  saved  from  injustice  and  sorrow. 

This  is  an  age  in  which  we  look  askance  at  privilege 
of  all  kinds.  We  know  that  special  privilege  demands  its 
price.  It  is  because  the  fortunate  women  of  America 
have  always  enjoyed  so  many  privileges  that  the  unfortu- 
nate have  so  few  rights. 

Men  are  not  to  blame  for  the  fact  that  there  are  laws 
on  the  statute  books  which  are  unjust  to  women  and  that 
there  are  not  laws  there  which  must  be  there  if  justice 
is  to  be  secured  to  women. 

Laws  have  not  kept  pace  with  changing  conditions. 
Indeed,  it  would  seem  odd  if  they  had  kept  pace,  consid- 
ering the  rapidity  with  which  the  change  in  the  relation 


44  A  Political  Primer 

of  woman  to  the  community  has  come  about.  It  is  true 
that  in  most  cases  these  unjust  statutes  are  dead  letters, 
still  they  are  laws.  All  too  frequently  they  are  invoked, 
and  the  judge  has  no  alternative  but  to  enforce  them. 

The  influence  of  the  old  English  common  law  is  still 
felt  in  the  majority  of  States  in  America  today.  Thus  we 
find  that  so  far  as  the  law  is  concerned,  the  body  of  a  wo- 
man, the  property  of  a  woman,  and  even  the  earnings  of 
a  woman,  belong  to  her  husband,  according  to  the  statutes 
in  force  in  many  States. 

Legally,  woman  has  no  political  status  except  that 
which  her  husband  gives  her.  We  have  seen  that  when 
she  marries  a  foreigner  she  loses  her  citizenship.  We 
have  seen  also  that  no  matter  how  much  she  may  desire  to 
become  a  citizen  in  her  own  right,  she  cannot  do  so  un- 
less her  husband  wishes  to  be  naturalized. 

The  right  to  homestead  Government  land  is  also  de- 
nied a  married  woman. 

Few  women  pause  to  consider  the  legal  aspect  of  their 
marriage.  Yet  in  seventeen  States  the  ceremony  during 
which  the  man  nominally  gives  to  his  wife  all  his  worldly 
goods  really  takes  from  her  all  her  property  rights.  In 
all  but  ten  States  a  woman  has  no  legal  right  to  her  chil- 
dren. In  two  States  she  may  be  a  co-guardian  of  her  own 
children,  if  she  supports  them.  In  all  other  States  chil- 
dren belong  to  their  fathers,  who  may  give  or  will  them 
away,  so  far  as  the  law  is  concerned. 

In  California,  Arizona,  Idaho,  Texas,  Tennessee, 
Louisiana  and  North  Dakota,  the  husband  not  only  con- 
trols the  wife's  property,  but  may  draw  her  wages.  In 
seven  other  States  women  have  to  register  as  "traders" 
if  they  want  to  control  their  own  business  property.  In 
at  least  three  States  a  married  woman  must  gain  permis- 
sion from  the  courts  to  engage  in  business. 

In  seven  Southern  States  women  cannot  be  admitted 


A  Political  Primer  45 

to  the  bar,  and  in  Florida  and  Alabama  they  may  not 
practice  medicine. 

In  the  South,  where  we  have  always  been  told  blos- 
soms the  flower  of  chivalry,  the  legal  injustices  to  women 
are  greater  than  anywhere  else  in  the  country.  In  Louis- 
iana, even  the  clothing,  the  wedding  presents  and  dowry 
belong  to  the  husband.  There  are  countless  instances 
where  girls,  by  marrying,  have  ignorantly  given  to  their 
husbands  and  their  husband's  families  all  their  personal 
property.  In  one  case  of  record,  a  girl  with  considerable 
property  in  her  own  right,  whose  husband  was  killed  in 
an  accident  two  weeks  after  their  wedding,  was  legally 
robbed  by  the  husband's  family,  not  only  of  her  property, 
but  of  all  her  clothes  and  even  of  her  engagement  ring. 

Ask  any  lawyer  and  he  will  tell  you  that  in  California 
women  have  more  legal  protection  than  in  any  other 
State  in  the  Union,  except  Colorado. 

Yet  in  California  the  only  child  to  whom  its  mother 
has  any  legal  right  is  an  illegitimate  child.  Children  of 
legal  marriages  belong  absolutely  to  the  husband. 

The  property  rights  of  a  woman  in  California  are 
more  just  than  in  most  States.  All  property  acquired  by 
either  husband  or  wife  after  marriage  is  considered  com- 
munity property,  and  is  held  by  them  jointly. 

Upon  a  husband's  death  without  children,  one-half 
of  this  community  property  goes  to  the  wife  as  her  share, 
together  with  one-half  of  the  remainder,  which  belongs 
to  her  as  her  husband's  heir.  The  remainder,  or  one- 
quarter  of  the  whole,  is  divided  among  the  husband's 
other  heirs. 

If  there  are  children  of  the  marriage,  one-half  of  the 
whole  property  is  divided  among  them  and  the  remaining 
half  is  the  wife's. 

These  laws  apply,  of  course,  in  the  event  of  there  be- 
ing no  will. 

A  wife  has  also  what  is  called  the  homestead  right, 


46  A   Political  Primer 

which  allows  her  to  choose  from  the  community  property 
a  homestead,  of  value  not  to  exceed  five  thousand  dollars, 
which  is  given  to  her  out  of  the  estate  and  to  which  she 
has  a  right  prior  to  that  of  any  creditor,  except  of  one 
holding  mortgage  upon  it. 

When  the  husband  dies,  the  estate  must  be  probated. 
This  is  a  process  of  law  by  which  the  estate  is  appor- 
tioned according  to  the  statutes,  by  a  probate  court,  a 
guardian  is  appointed  for  the  children  and  other  legal 
matters  attended  to. 

Acting  upon  the  assumption — true  in  most  cases — that 
the  husband  is  the  provider  and  original  property  pro- 
ducer for  the  family,  the  entire  estate  reverts  to  the  hus- 
band upon  the  wife's  death,  without  probate  proceedings. 
If  there  are  children,  one-half  the  estate  is  supposed  to  be 
held  in  trust  for  them  by  the  husband. 

The  defect  in  this  law  is  readily  seen.  In  cases  where 
the  wife  is  the  producer,  at  least  a  portion  of  the  com- 
munity property  which  she  has  produced  should  revert  to 
her  heirs,  as  the  husband's  does  to  his.  This  is,  however, 
a  contingency  likely  to  be  brought  about  only  by  the  re- 
adjustment of  a  society  which  is  giving  woman  more 
economic  independence  daily.  It  can  work  hardship  only 
in  isolated  instances  as  yet. 

Sixth  among  the  States  to  do  so,  California,  by  a  con- 
stitutional amendment  of  1911,  gave  her  women  political 
equality  with  men.  This  opens  up  a  new  field  for  the 
womanhood  of  the  State. 

Wyoming,  Colorado,  Utah,  Idaho  and  Washington 
are  the  other  five  in  which  women  have  the  full  elective 
power.  Women  have  held  the  municipal  franchise  in 
Kansas  since  1887,  and  in  Louisiana  women  taxpayers 
vote  on  questions  of  public  expenditure.  In  Montana  and 
Iowa  women  vote  at  municipal  elections  and  twenty- 
seven  States  have  either  whole  or  partial  suffrage. 

In  Australia,  New  Zealand  and  Finland,  the  Isle  of 


A  Political  Primer  47 

Mann,  and  Pitcairn  Island,  women  vote  at  all  elections 
on  the  same  terms  as  men ;  and  in  Switzerland,  Sweden, 
Norway,  Russia,  Westphalia,  Brunswick,  Roumania, 
England,  Ireland,  Scotland  and  Wales  certain  classes  of 
women  have  certain  classes  of  elective  franchise. 

In  the  centers  of  population  where  the  financial  in- 
terests have  most  at  stake  the  fight  against  this  struggle 
for  a  purer  democracy  is  always  relentless.  Woman's  in- 
terest in  humanitarian  measures,  which  always  pinch  the 
pockets  of  the  big  manufacturers,  make  these  manufac- 
turers fear  the  woman  vote. 

The  woman  creator  of  human  life  values  human  life 
above  everything  else,  and  that  she  will  sacrifice  profit 
to  the  protection  of  humanity  is  a  certainty  which  has 
withheld  the  ballot  from  her  in  many  States. 

The  ethical  reasons  for  granting  the  franchise  to  wo- 
men are  the  same  as  the  ethical  reasons  for  allowing  men 
to  vote. 

In  the  beginning  of  American  democracy,  expediency 
did  not  demand  the  woman  franchise  as  strongly  as  it 
does  today.  The  changes  in  economic  and  other  relations 
between  woman  and  society  in  the  last  hundred  years 
have  made  equal  suffrage  practical  and  expedient,  as  well 
as  just. 

If  there  are  abuses  in  laws  which  affect  the  happiness 
and  well-being  of  women  as  a  class  in  California,  it  is 
now  in  their  power  to  protest  as  a  class  against  them. 
If  in  the  future  woman  is  injured  by  unjust  law,  she  will 
remember  that  she  is  one  of  those  who  make  law. 

The  laws  of  all  times  have,  through  clumsiness  or 
wrong  intent,  expressed  but  poorly  the  justice  for  which 
they  are  intended  to  stand.  Constantly,  through  centuries 
of  making  and  re-making  of  law,  men  have  struggled  to 
create  through  its  help  the  ideal  system  of  society  which 
would  work  injustice  to  none.  California  women  have 
been  asked  to  help  in  that  struggle,  and  their  future  legal 
status  is  in  their  own  hands. 


CHAPTER  X. 
Economic  Theories 

Of  the  economic  plans  for  the  betterment  of  the  world, 
Socialism  and  the  single  tax  occupy  the  foremost  places 
in  the  public  eye.  Although  they  are  often  considered  as 
representing  extremes  of  individualism  and  communism, 
as  a  matter  of  fact  they  both  have  the  same  end  in  view — 
the  perfect  liberty  of  the  individual. 

Socialism 

Socialism  as  an  economic  theory  has  existed  since 
the  early  part  of  the  sixteenth  century.  The  Socialists 
today  advocate : 

That  the  means  of  production  that  are  socially  used 
should  be  socially  owned; 

That  what  the  individual  needs  he  should  be  guaran- 
teed the  opportunity  to  earn ; 

That  what  the  individual  earns  he  should  privately 
own  and  freely  use. 

Socialism  is  a  reiteration  of  the  original  American 
principle  promulgated  in  Virginia  in  1607  by  Captain 
John  Smith :  "He  who  will  not  work  shall  not  eat" 

It  is  the  opinion  of  the  Socialist  that  society  is  evolv- 
ing toward  a  co-operative  social  state  in  which  the  means 
for  the  production  and  distribution  of  wealth  will  be 
the  collective  property  of  the  workers,  while  the  goods 
to  be  consumed  become  their  private  property. 

The  plan  provides  that  all  human  beings  shall  become 
producers.  This  means  that  the  powers  of  government 
and  of  society  should  be  used  in  the  interests  of  all  human 
beings. 

Socialism,  then,  is  the  belief  that  human  beings  should 


A  Political  Primer  49 

control  not  only  the  Government  which  makes  their  laws, 
but  the  industries  which  make  their  living. 

The  history  of  the  world  is  a  history  of  class  strug- 
gle, and  the  Socialists  believe  that  the  stage  has  been 
reached  where  the  exploited  class  cannot  obtain  emanci- 
pation from  the  ruling  and  exploiting  class,  without  at 
the  same  time  emancipating  society  at  large  from  all  ex- 
ploitation and  oppression. 

The  introduction  of  machinery  as  a  substitute  for  hand 
tools  in  the  beginning  of  the  nineteenth  century  gave  ab- 
solute control  of  the  production  of  wealth  to  the  owners 
of  that  machinery.  In  the  beginning,  these  owners — the 
capitalist  class — were  valuable  to  industry.  It  was  the 
capitalist  class  which  organized  and  developed. 

With  the  development  of  centralized  industry,  how- 
ever, the  capitalist  class  became  merely  a  share-holding 
class,  turning  over  the  work  of  organization  and  direction, 
as  well  as  manual  labor,  to  employes. 

The  capitalist  having  handed  over  his  work  to  the  la- 
boring class,  this  working  class  becomes,  then,  the  only 
class  essential  to  production. 

From  these  premises  the  Socialist  argues  that  the  rem- 
edy for  existing  evils  lies  in  making  all  of  humanity  a 
working  class — eliminating  the  idle  at  both  extremities 
of  society.  The  Socialist  would  abolish  a  great  army  of 
unemployed,  including  those  who  can  not  work  because 
they  have  no  opportunity,  and  those  who  will  not  work 
because  they  can  make  others  work  for  them. 

The  advantages  which,  the  Socialist  claims,  will  re- 
sult from  thus  putting  society  as  a  whole  into  the  produc- 
ing class  and  placing  ownership  of  industry  in  the  hands 
of  this  class,  are  far-reaching. 

If  there  are  no  idle  individuals  the  burden  of  their  sup- 
port will  be  removed  from  the  workers,  thus  shortening 
the  hours  of  labor  necessary  for  each  person. 

If  there  is  no  share-holding  class,  deriving  incomes 


50  A  Political  Primer 

from  industries  to  which  it  gives  nothing,  everything  pro- 
duced will  become  the  property  of  producers,  thus  in- 
creasing the  compensation  for  work. 

If  there  are  no  rival  industries  meeting  each  other  in 
the  strife  of  competition,  there  will  be  no  waste,  such  as 
accompanies  industrial  war  today. 

All  the  tremendous  waste  involved  in  advertising,  du- 
plication of  plants  and  power,  inconvenient  geographical 
placing  of  factories  and  other  industries,  undue  cost  of 
distribution,  would  be  avoided  were  the  Socialist  theory 
of  government  carried  out  to  its  completion. 

The  Socialist  contemplates  a  higher  individualism  as 
the  ultimate  result  of  a  collectiveism  which  will  provide 
opportunity  for  every  human  being. 

Single  Tax 

"What  the  individual  makes  is  his.  What  nature  sup- 
plies is  the  birthright  of  all.  Since  land  in  itself  is  not 
the  result  of  labor,  no  man  has  a  right  of  ownership  in  it. 
It  belongs  to  the  community  at  large." 

Out  of  this  general  argument  has  grown  the  theory  of 
single  tax. 

The  value  of  the  land  is  fixed  by  the  demands  of  the 
community,  and  since  the  community  fixes  its  value  the 
community  should  have  the  benefit  of  its  increase,  says 
the  single-taxer. 

The  occupant  of  the  land  is  entitled  to  the  results  of 
his  own  labor,  but  the  community  generally — the  Gov- 
ernment— is  entitled  to  whatever  rent  or  tax  he  should 
pay  for  using  it. 

Herbert  Spencer,  in  a  chapter  called  "The  Right  to 
the  Use  of  the  Earth,"  advanced  the  ethical  argument  in 
favor  of  single  tax  in  1850,  and  a  group  of  brilliant 
Frenchmen  nearly  a  century  before  had  discussed  and  ad- 
vocated a  tax  on  land  only. 

But  it  was  Henry  George  who  reduced  the  idea  to 


A  Political  Primer  51 

what  appears  to  be  a  working  basis  and  gave  impetus  to 
a  world  movement. 

Henry  George,  in  describing  his  theory,  said : 

"We  propose  to  abolish  all  taxes  save  one  single  tax 
levied  on  land,  irrespective  of  the  value  of  improvements 
in  or  on  it. 

"What  we  propose  is  not  a  tax  on  real  estate,  for  real 
estate  includes  improvements.  Nor  is  it  a  tax  on  land,  for 
we  would  not  tax  all  land,  but  only  land  having  a  value 
irrespective  of  its  improvements,  and  would  tax  that  in 
proportion  to  that  value. 

"To  carry  it  out  we  would  have  only  to  abolish  all 
taxes  save  the  tax  on  real  estate,  and  to  abolish  all  of 
that  which  now  tails  on  buildings  or  improvements,  leav- 
ing only  that  part  of  it  which  now  falls  on  the  value  of  the 
bare  land.  This  we  would  increase  so  as  to  take  as  nearly 
as  may  be  the  whole  of  the  economic  rent,  or  what  is 
sometimes  styled  the  unearned  increment  of  land  values." 

Mr.  George  claimed  that  it  is  the  taxation  of  the  pro- 
cesses and  productions  of  labor  on  the  one  hand  and  the 
insufficient  taxation  on  land  values  on  the  other  hand 
that  produces  the  unjust  distribution  of  wealth  which  is 
building  up  in  the  hands  of  a  few,  tremendous  fortunes, 
while  the  masses  are  getting  steadily  poorer. 

In  the  efforts  of  the  past  to  force  each  person  to  con- 
tribute his  proportionate  share  of  the  public  purse  and 
minimize  the  possibility  of  exemption,  many  schemes 
have  been  put  forward.  The  levying  of  the  tax  on  per- 
sonal expenditure,  later  a  tax  on  houses,  then  a  tax  on 
incomes,  and  finally  a  tax  on  capital,  had  all  been  serious- 
ly advocated  at  different  times  as  the  single  tax  before 
Mr.  George  advanced  his  system. 

The  single-taxer  claims  that  when  we  tax  houses, 
crops,  money,  furniture,  capital  or  wealth  in  any  of 
its  forms,  we  take  from  individuals  what  rightfully  be- 
longs to  them ;  we  violate  the  right  of  property  and  in  the 
name  of  the  State  commit  robbery;  but  when  we  tax 


52  A  Political  Primer 

ground  values,  we  take  from  individuals  what  does  not 
belong  to  them,  but  belongs  to  the  community,  and  can- 
not be  left  to  individuals  without  the  robbery  of  other  in- 
dividuals. 

In  illustration  of  what  the  single-taxer  terms  the  un- 
earned increment  of  property,  we  may  suppose  that  a 
small  piece  of  unimproved  property  in  the  outskirts  of  a 
city  is  owned  by  a  few  individuals.  A  fair  valuation  for 
this  land  is  $100  an  acre.  Assume  that  a  railroad  com- 
pany buys  a  portion  of  this  ground  upon  which  to  erect  a 
depot  for  a  proposed  road.  Immediately  there  is  a  de- 
mand for  contiguous  ground  by  hotel,  restaurant  and 
other  business  men.  The  result  is  that  the  price  of  the 
land  jumps  from  the  original  figure  of  $100  an  acre  to 
many  times  that  per  lot.  Thus,  while  the  original  owners 
of  the  land  have  performed  no  act  that  would  cause  an 
increase  in  its  value,  they  reap  the  entire  profit.  The 
single-taxer  advocates  that  this  profit,  the  difference  be- 
tween the  original  value  of  the  land  and  its  accrued  value, 
should  be  participated  in  by  the  entire  community. 

Wonderful  advances  in  the  solution  of  the  social  prob- 
lems are  claimed  by  the  single-taxers  should  their  plan 
of  raising  revenue  be  substituted  for  the  present  meth- 
ods. These  are  perhaps  best  epitomized  in  the  platform 
of  the  Single  Tax  League,  of  which  the  following  is  an 
extract : 

"It  would  solve  the  labor  problem,  do  away  with  in- 
voluntary poverty,  raise  wages  in  all  occupations  to  the 
full  earnings  of  labor,  make  over-production  impossible 
until  all  human  wants  are  satisfied,  render  labor-saving 
inventions  a  blessing  to  all,  and  cause  such  an  enormous 
production  and  such  an  equitable  distribution  of  wealth 
as  would  give  to  all  comfort,  leisure  and  participation  in 
the  advantages  of  an  advancing  civilization." 

The  single-taxer,  like  the  Socialist,  also  contemplates 
a  higher  individualism  as  the  ultimate  result  of  his  theory. 


PART   THREE. 


GOVERNMENT 


CHAPTER  XL 
Our  Present  Government 

Most  of  us,  whether  we  are  men  or  women,  know 
something  of  the  growth  of  government,  but  it  is  not 
until  some  one  puts  a  question  to  us,  or  until  we  take 
down  the  old  civics  book  from  the  shelf  that  we  realize 
how  much  we  can  forget  between  school  days,  when 
government  is  theory,  and  days  of  maturity,  when  we 
have  actually  become  a  part  of  government. 

Perhaps  the  reason  that  we  have  retained  so  little  of 
that  which  we  learned  about  government  in  our  school 
days  is  because  the  subject  is  so  tremendous.  Whether 
or  not  we  believe  that  our  form  of  government  fulfills  the 
ideal  mission  of  government,  we  must  admit  that,  view- 
ed in  its  entirety,  all  its  different  parts  fitting  into  one 
another,  it  is  an  awe-inspiring  mechanism. 

We  think  we  have  traveled  far  in  the  centuries,  yet 
500  years  before  Christ  there  was  in  existence  the  germ 
of  the  system  dividing  governmental  power,  which  is 
used  in  the  United  States  today.  In  Athens,  lawmakers, 
judges  and  executives  administered  the  affairs  of  gov- 
ernment as  they  do  now.  Although  they  had  not  the 
same  well  defined  powers,  they  contributed  the  nucleus 
of  our  present  system  and  gave  us  the  pattern  for  our 
legislative,  executive  and  judicial  branches. 

It  is  interesting  to  trace  these  three  divisions  through 
all  our  local,  State  and  National  Governments. 

Because  the  legislative  department  voices  the  direct 
will  of  the  people,  at  least  in  theory,  it  is  most  important. 
If  it  does  not  voice  the  direct  will  of  the  people,  it  has 
failed  in  its  mission.  If  it  advances  the  will  of  a  few 
special  interests  rather  than  the  will  and  welfare  of  the 
whole  people,  it  is  not  justifying  its  reason  for  being. 

As  citizens  our  first  concern  is  with  the  things  that 


56  A  Political  Primer 

will  make  for  the  common  good  of  the  whole  people,  and 
our  next  with  the  choice  of  men  pledged  to  those  issues, 
and  with  sufficient  intelligence,  integrity  and  courage  to 
carry  our  ideals  from  the  realm  of  theory  into  the  realm 
of  fact. 

We  are  concerned,  then,  so  far  as  the  legislative  is  in- 
volved, with  the  kind  of  government  we  want  and  the 
kind  of  men  who  can  construct  it  for  us. 

We  are  concerned  next  with  the  kind  of  man  who 
will  execute — the  kind  of  man  who  will  carry  out  the 
wishes  of  the  people  as  expressed  by  their  representa- 
tives. 

We  are  concerned  next  with  choosing  for  the  judic- 
iary men  who  are  learned  in  law,  yet  who  will  not  sub- 
jugate the  spirit  of  the  law  to  technicalities.  The  nation 
is  awakening  more  and  more  to  the  realization  that  men 
are  not  made  for  laws,  but  laws  for  men. 

The  desire  for  justice  is  the  creator  of  law.  Law  is 
a  worthy  thing  only  so  far  as  it  expresses  justice. 

The  base  of  all  government  is  law,  which  is  created 
to  satisfy  this  longing  for  justice.  In  the  United  States 
this  law-base  is  embodied  in  the  Constitution. 

The  ideal  of  our  government  is  democracy.  It  is  this 
ideal  which  the  Constitution  was  created  to  express, 
which  it  did  express  in  the  terms  of  the  times. 

For  more  than  a  century  this  epoch-making  docu- 
ment has  met  the  demand  of  the  American  people  for  a 
concrete  expression  of  our  ideal  of  democracy.  It  has 
stood  as  the  bulwark  of  our  National  liberty  and  inspired 
us,  as  a  people,  to  strive  for  the  best  in  self-government. 

It  is  "this  very  ideal,  fostered  by  the  Constitution, 
which  has  grown  beyond  the  Constitution,  and  is  now 
demanding  fuller  expression. 

Every  tendency  of  modern  government  is  to  put  more 
power  into  the  hands  of  the  people,  to  regard  public  offi- 
cials and  institutions  as  answerable  to  the  people. 


A  Political  Primer  57 

Change  in  the  Constitution,  or  suggesting  a  change, 
is  no  longer  considered  treasonable.  We  are  beginning 
to  realize  that  the  amazing  thing  is  not  that  the  Consti- 
tution may  in  the  future  need  changing,  but  that  it  has 
served  so  long  with  so  little  change. 

The  change  in  the  attitude  of  the  average  man  toward 
long-existing  institutions  is  not  confined  to  his  new  view 
of  the  Constitution.  It  is  no  longer  considered  lese 
majesty  to  apply  the  gauge  of  every-day  common  sense 
and  reason  to  any  laws  that  have  been  or  may  be  enact- 
ed, to  propose  the  revision  of  existing  statutes,  or  the 
submission  of  proposed  new  measures  to  a  vote  of  the 
electorate. 

This  latter-day  ascendancy  of  the  democratic  spirit,  in 
so  far  as  it  is  expressed  in  a  closer  relation  between  the 
voter  and  the  office-holder,  may  be  taken  as  a  cause  of 
the  progress  of  the  initiative,  referendum  and  recall. 
Students  of  civil  government  differ  as  to  the  significance 
of  these  measures.  The  conservative  element  contends 
that  they  necessitate  a  radically  different  conception  of 
government  from  that  embodied  in  the  Constitution. 
Their  proponents  declare  that  they  are  merely  a  logical 
following  out  of  democratic  principles. 

Through  all  the  changes  in  various  systems  of  gov- 
ernment, throughout  the  entire  history  of  civilization, 
government  itself  has  remained  substantially  the  same 
as  to  form.  The  changes  which  have  been  coeval  with 
civic  progress  have  been  expressed  in  the  adaptation  of 
governments  to  the  needs  of  the  people,  rather  than  struc- 
tural changes  in  governmental  institutions.  This  adapta- 
tion has  been  in  response  to  the  development  of  the  in- 
dividuals who  have  composed  the  various  common- 
wealths. 

The  structure  of  government,  however,  remains  the 
same.  The  life  of  a  nation,  as  the  life  of  the  individual, 
is  governed  by  three  things — the  desire,  the  judgment 
and  the  act. 


58  A  Political  Primer 

These  three  principles  of  action  are  embodied  in  gov- 
ernment in  its  legislative,  judicial  and  executive 
branches. 


CHAPTER  XII. 
Legislative  Department 

The  legislative  principle  in  government  stands  in  the 
same  relation  to  the  acts  of  government  as  individual 
desire  stands  in  relation  to  the  acts  of  the  individual. 
The  legislative  departments  of  our  local,  State  and  Na- 
tional governments  exist  for  the  purpose  of  expressing 
our  desires  in  the  form  of  law. 

In  the  beginnings  of  democratic  government  in  Amer- 
ica all  the  citizens  came  to  the  town  meeting  and  ex- 
pressed individually  their  desires.  In  time  the  commun- 
ity outgrew  the  town  meeting.  The  next  step  was  the 
choice  of  a  certain  few  delegated  to  represent  the  whole 
citizenry. 

Representative  government  in  various  forms  existed 
in  the  colonies,  but  it  was  not  until  after  the  revolution 
that  we  had  a  representative  National  Government. 

At  that  time,  the  two-house  plan  of  representation, 
borrowed  from  England,  and  previously  in  practice  in 
the  States,  was  considered  the  best  for  securing  true  rep- 
resentation of  the  States. 

Congress 

The  original  plan  of  the  framers  of  the  Constitution 
was  that  both  Senators  and  members  of  the  House  of 
Representatives  should  be  apportioned  to  the  States  in 
proportion  to  population.  The  smaller  States  objected 
to  this,  and  maintained  that  each  State  should  have  equal 
representation  in  the  National  Congress.  So  determined 
were  they  in  their  adherence  to  this  belief  that  they 
threatened  to  block  the  whole  project  of  reconstruction. 

The  Connecticut  Compromise  arrived  just  in  time  to 
save  the  Union.  Under  its  terms  the  upper  house  was  to 
represent  the  States,  the  lower  house  the  people. 


60  A  Political  Primer 


The  Senate 

Each  State  is  represented  in  the  upper  house  of  Con- 
gress by  two  Senators,  who,  to  be  eligible  for  office,  must 
be  thirty  years  of  age  and  must  have  been  for  nine  years 
citizens  of  the  United  States.  They  must  be  residents  of 
the  State  from  which  they  are  elected. 

Senators  are  elected  for  a  six-year  term,  and  their 
salary  is  $7,500  a  year. 

The  Lower  House 

Representatives  are  allotted  to  the  States  according  to 
the  population,  in  the  proportion  of  one  to  every  thirty 
thousand  people,  but  each  State  shall  have  at  least  one 
representative. 

To  be  eligible  for  the  lower  house  of  Congress,  a 
candidate  must  be  twenty-five  years  of  age,  and  must 
have  been  seven  years  a  citizen.  The  compensation  is 
the  same  as  that  paid  the  Senators. 

On  the  second  Monday  in  December  of  every  year, 
Congress  assembles.  Soon  afterward  it  receives  from 
the  President  his  annual  message  concerning  the  affairs 
of  the  nation  and  recommending  such  legislation  as  he 
favors.  Congress  then  proceeds  to  the  business  of  law- 
making. 

Each  house  makes  its  own  rules,  passes  upon  the 
qualifications  of  its  members,  punishes  them,  if  necessary, 
for  disorderly  behavior,  and  may,  by  a  two-thirds  vote, 
expel  a  member.  Neither  house  may,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  days  dur- 
ing the  session  of  Congress.  The  presiding  officer  of 
the  Senate  is  the  Vice-President  of  the  United  States. 
The  House  of  Representatives  elects  its  speaker. 


A  Political  Primer  61 

The  Passage  of  Bills 

All  bills  providing  for  the  collection  and  expenditure 
of  money  must  originate  in  the  House  of  Representa- 
tives. To  the  lower  house  also  belongs  the  right  of  orig- 
inating and  preparing  articles  of  impeachment,  while  the 
trial  of  impeachment  and  the  approval  of  appointments 
of  foreign  ambassadors  and  Supreme  Court  judges  are 
duties  of  the  Senate. 

Bills  other  than  those  mentioned  above  may  be  pre- 
sented by  any  member  of  either  house.  They  must  be 
referred  to  committee,  argued  on  the  floor,  and  finally 
passed  by  a  majority  of  both  houses  before  they  become 
law.  A  two-thirds  vote  of  both  houses  is  required  to  pass 
a  bill  over  the  President's  veto. 

The  State  Legislature 

The  general  plan  of  procedure  followed  by  the  Fed- 
eral Congress  is  used  in  the  Legislatures  of  the  various 
States,  with  more  or  less  uniformity.  In  local  govern- 
ments, too,  we  find  that  the  community  puts  the  import- 
ant business  of  law-making  into  the  hands  of  an  organiza- 
tion of  representatives. 

California's  Legislature  will  serve  as  a  pattern  of  the 
general  method  used  in  the  States. 

Forty  members  compose  the  upper  house,  called  the 
Senate,  and  twice  that  number  the  lower  house,  known  as 
the  Assembly. 

Members  of  both  houses  are  chosen  by  direct  vote, 
and  in  numbers  proportioned  to  the  population.  Every 
ten  years,  following  the  Federal  census,  the  Legislature 
re-apportions  the  representation  to  the  various  counties. 
In  theory,  every  fortieth  part  of  the  State  population  is 
entitled  to  one  Senator,  and  every  eightieth  part  to  one 
Assemblyman. 

Both  houses  have  power  to  regulate  the  form  of  their 


62  A  Political  Primer 

proceedings  and  to  choose  their  own  officers,  except  in 
the  case  of  the  presiding  officer  of  the  Senate,  who  is 
elected  by  the  people  of  the  entire  State  in  the  person  of 
the  Lieutenant  Governor.  The  Assembly  is  given  power 
to  prepare  articles  of  impeachment,  and  impeached  per- 
sons are  tried  by  the  Senate. 

Any  member  of  either  house  may  introduce  a  bill 
which  is  the  draft  for  a  proposed  law,  into  the  house  to 
which  he  belongs.  This  bill  is  referred  to  a  committee 
for  consideration.  The  committee  may  recommend  its 
adoption,  report  against  it,  or  "kill  it  in  committee"  by 
postponing  action  and  thus  prevent  it  from  going  to  the 
floor  of  the  Legislature.  Before  it  becomes  a  law  each 
bill  must  be  given  three  readings  in  each  house,  receive 
a  majority  vote  in  both  houses,  and  be  signed  by  the 
Governor ;  or,  if  vetoed  by  him,  must  be  re-passed  over 
his  veto  by  a  thwo-thirds  vote  in  each  house.  Any  bill 
may  be  amended  by  a  vote  of  the  house,  and  any  member 
has  the  right  to  propose  amendment.  A  bill  becomes  a 
law  without  the  Governor's  signature  if  it  is  not  returned 
to  the  Legislature,  signed,  within  ten  days  after  its  pass- 
age. If  the  Legislature  has  adjourned,  the  opposite  is 
the  fact,  and  the  bill,  if  it  is  not  signed  by  the  Governor 
within  ten  days  of  adjournment,  is  considered  to  have 
received  a  "pocket  veto,"  by  which  it  fails  to  become 
law, 


CHAPTER  XIII. 

Executive  Department 

Legislators  make  laws.     Executives  enforce  them. 

If  we  would  become  posessed  of  some  right  not  grant- 
ed by  any  existing  law,  we  must  go  to  the  legislative 
branch  of  the  government  and  have  that  right  made  law. 
If  we  wish  to  avail  ourselves  of  a  right  or  a  privilege 
granted  by  law,  we  must  turn  to  the  executive  depart- 
ment. 

Laws  in  themselves  are  of  no  avail.  They  must  be 
enforced. 

It  is  probable  that  our  Constitution  in  its  present  form 
would  never  have  come  into  existence  if  it  had  not  been 
for  the  total  absence  of  executive  authority  in  the  Arti- 
cles of  Confederation.  The  Continental  Congress  had 
power  to  legislate,  but  its  laws  might  as  well  not  have 
been  made,  for  there  was  no  power  to  enforce  them. 

Under  the  Constitution,  this  executive  principle  runs 
through  National,  State  and  local  government.  In  the 
nation  it  is  invested  in  the  President,  in  the  State  in  the 
Governor,  and  in  smaller  divisions  of  government  various 
executive  officers  are  provided. 

The  President 

Chief  of  the  public  servants  of  the  United  States  is 
the  President,  who  is  elected  for  a  term  of  four  years.  To 
be  eligible  for  the  Presidency  the  citizen  must  have  been 
born  in  the  country  and  must  have  lived  within  the 
United  States  for  fourteen  years  before  his  election. 
Also  he  must  not  be  under  thirty-five  years  of  age. 

The  President  is  commander-in-chief  of  the  army  and 
navy,  and  of  the  State  militia  of  all  the  States  when  called 
into  Federal  service.  He  has  the  power  to  grant  pardons 


64  A  Political  Primer 

and  reprieves  for  offences  against  the  United  States;  to 
appoint  ambassadors,  judges  of  the  Supreme  Court,  mem- 
bers of  his  cabinet,  and  other  important  officers,  with  the 
advice  and  consent  of  the  Senate;  with  the  advice  and 
consent  of  the  Senate,  also,  he  has  power  to  make  treaties 
with  foreign  nations. 

He  has  power  to  call  special  sessions  of  Congress,  and 
in  case  of  disagreement  between  them  as  to  time  of  ad- 
journment, he  shall  adjourn  them  to  such  time  as  he 
thinks  proper. 


The  Presidential  Message 

The  President  influences  legislation  through  his  mes- 
sages to  Congress  and  possesses  the  veto  power,  which 
acts  as  a  check  on  the  legislative  department.  In  his  an- 
nual message,  which  is  sent  to  Congress  at  the  beginning 
of  each  term,  he  reviews  the  nation's  affairs  and  suggests 
legislation  which  he  thinks  advisable.  At  other  times, 
when  conditions  require,  he  sends  special  messages  bear- 
ing directly  upon  those  conditions. 

All  measures,  having  been  passed  by  both  houses  of 
Congress,  go  to  the  President  for  his  consideration.  If 
he  approves  and  signs  them,  they  become  law.  If  he 
vetoes  them,  as  he  has  the  power  to  do,  they  may  be  pass- 
ed over  his  head  by  a  two-thirds  vote  of  Congress.  If 
he  neither  signs  nor  vetoes  them  within  ten  days,  they 
become  law,  unless  Congress  has  adjourned.  In  such 
case,  a  bill  ignored  by  the  President  for  ten  days  is  said 
to  have  received  a  "pocket  veto"  and  does  not  become 
law. 

For  his  services  to  the  nation  the  President  receives 
a  salary  of  $75,000  a  year  and  a  residence  in  the  White 
House.  He  is  the  host  of  the  nation,  and  welcomes  for 
us  all  our  foreign  ambassadors,  ministers  and  other 
official  guests. 


A  Political  Primer  65 

The  Vice-President 

The  Vice-President  is  elected  in  the  same  way,  at  the 
same  time,  and  for  the  same  term,  as  the  President.  His 
qualifications  for  office  must  be  the  same  as  the  Presi- 
dent's. This  is  necessary,  because  in  case  of  the  Presi- 
dent's death  or  impeachment,  he  becomes  the  chief  ex- 
ecutive. His  salary  is  $12,000  a  year. 

The  Vice-President  is  president  of  the  Senate,  but  he 
has  no  power  to  vote  except  in  case  of  a  tie. 

The  mayor  of  a  city  gathers  around  him  various  offi- 
cers to  assist  him  in  his  executive  work,  the  Governor 
is  aided  by  State  boards  and  the  President  divides  the 
tremendous  responsibilities  of  the  National  executive 
among  the  members  of  his  cabinet  and  the  departments 
which  they  represent. 

Departments  of  Government 

These  departments  have  been  created  from  time  to 
time  by  Congress,  but  the  heads  of  them  are  always 
appointed  by  the  President.  These  departments  are: 
State,  War,  Treasury,  Postoffice,  Navy,  Interior,  Justice, 
Agriculture  and  Commerce  and  Labor. 

The  members  of  the  cabinet  are  appointed  by  the 
President  and  receive  for  their  work  $12,000  annually. 

The  Secretary  of  State  conducts  the  foreign  affairs 
under  the  President's  direction.  He  keeps  the  seal  of 
the  United  States,  publishes  the  Federal  statutes,  and 
preserves  the  originals  of  all  treaties.  His  department 
is  divided  into  eight  bureaus,  presided  over  by  a  chief. 

The  Secretary  of  War  has  charge  of  all  matters  per- 
taining to  National  defenses,  fortifications,  etc.  He  issues 
orders  for  movement  of  troops,  and  has  charge  of  West 
Point  military  academy. 

The  Secretary  of  the  Treasury  supervises  the  Na- 
tional finances,  estimates  public  expenditure,  collects  the 


66  A   Political  Primer 

customs  and  internal  revenue,  and  deposits  public  money. 

The  Attorney-General  is  the  people's  lawyer,  at  the 
head  of  the  Department  of  Justice.  He  provides  legal 
advice  for  the  President  and  his  cabinet,  represents  the 
Government  in  all  suits  in  which  the  United  States  is  a 
party  and  exercises  general  supervision  over  all  offices 
connected  with  the  Department  of  Justice. 

The  nation's  postman  is  the  Postmaster-General,  who 
has  supervision  over  the  entire  postal  service.  He  ap- 
points all  postmasters  whose  compensation  does  not  ex- 
ceed $1000  a  year. 

The  Secretary  of  the  Navy  guards  the  interests  of  the 
nation  on  the  high  seas.  He  supervises  the  construction 
of  war  vessels,  has  charge  of  the  Naval  academy,  and  gen- 
erally oversees  the  naval  service. 

The  cabinet  officer  who  comes  nearest  to  us,  in  sup- 
plying our  more  immediate  and  pressing  demands,  is  the 
Secretary  of  the  Interior.  He  has  control  of  all  public 
lands,  gives  us  our  farm  if  we  want  to  become  home- 
steaders, grants  us  our  pensions  and  patents,  takes  care 
of  our  National  education,  our  Indian  affairs  and  the  geo- 
logical survey.  The  Secretary  of  the  Interior  is  aided  in 
these  duties  by  the  Commissioner  of  the  General  Land 
Office,  the  Commissioner  of  Patents  and  the  Commis- 
sioner of  Pensions. 

The  Secretary  of  Agriculture  is  the  National  farmer. 
He  decides  what  lands  will  grow  the  best  alfalfa,  what 
seeds  will  bear  the  best  fruit,  and  what  shall  be  done  with 
the  bug  that  eats  our  potatoes.  He  furnishes  free  in- 
formation on  these  points,  and  free  seeds  to  any  of  us 
that  ask  for  them. 

The  infant  of  all  departments  in  our  National  family 
is  that  of  Commerce  and  Labor.  It  is  a  lusty  child,  and' 
many  corporation  presidents  have  been  kept  awake  by  it. 
It  has  charge  of  the  investigation  of  corporations,  labor 
interests,  promotion  of  American  manufactures,  the  cen- 


A  Political  Primer  67 

sus,  immigration,  light-houses,  coast  survey  and  steam- 
boat inspection. 

Commissions 

Supplementary  to  these  departments  are  two  commis- 
sions, which  have  had  a  decidedly  revolutionary  effect  in 
their  individual  lines. 

One  is  the  Interstate  Commerce  Commission,  which 
has  turned  the  spotlight  on  a  number  of  dark  places  that 
needed  illuminating.  Railroad  rate  regulation  is  the  di- 
rect result  of  the  activities  of  this  commission. 

The  other  is  the  Civil  Service  Commission,  which  is 
making  it  possible  for  thousands  of  men  and  women  to 
hold  their  positions  through  personal  merit  instead  of 
party  affiliations.  This  commission  is  aiding  the  execu- 
tive department  of  local,  State  and  National  Government 
to  execute  more  efficiently  the  affairs  of  government  by 
supplying  us  with  competent  workers.  It  is  also  doing 
away  to  a  very  great  extent  with  the  great  army  of  job- 
less clerks  that  has  been  the  result  of  each  change  in  party 
administration. 

The  activities  of  all  these  branches  of  the  Federal  ex- 
ecutive are  paralleled  in  State  and  local  governments  with 
various  degrees  of  fidelity  to  the  National  pattern,  accord- 
ing to  the  individual  needs  of  localities. 

State  Officials 

Individual  States  choose  their  executives  according 
to  their  various  constitutions.  A  glance  at  California's 
official  blue  book  serves  as  a  general  illustration. 

The  Governor  of  California  must  be  at  least  twenty- 
five  years  of  age,  and  must  have  lived  five  years  in  the 
State.  He  is  the  commander-in-chief  of  the  militia  of 
the  State,  can  grant  reprieves,  pardons  and  commutation 


68  A  Political  Primer 

of  sentence  except  for  treason  and  in  cases  of  impeach- 
ment; he  may  call  and  adjourn  special  sessions  of  the 
Legislature.  His  term  of  office  is  four  years  and  his  sal- 
ary $10,000. 

The  Lieutenant-Governor,  who  is  elected  under  simi- 
lar conditions  to  the  Governor,  receives  a  salary  of  $4000. 
He  is  president  of  the  State  Senate,  and  in  case  of  the 
death  or  impeachment  of  the  Governor,  and  in  the  absence 
of  the  Governor  from  the  State,  takes  his  place. 

The  Attorney-General,  who  is  the  State's  legal  advisor, 
receives  a  compensation  of  $6000  a  year,  and  the  Secre- 
tary of  State,  whose  duty  it  is  to  keep  the  record  of  the 
official  acts  of  the  legislative  departments;  the  Comp- 
troller, who  manages  financial  affairs ;  the  Treasurer,  Sur- 
veyor-General, the  Superintendent  of  State  Printing  and 
the  Superintendent  of  Schools  each  receive  $5000  annually 
from  the  State. 

These  officers  are  elected  directly  by  the  people,  and 
at  the  same  time  and  for  the  same  term  as  the  Governor. 


CHAPTER  XIV. 
The  Judiciary 

In  theory  the  best  judgment  of  a  nation — its  "sober 
second  thought" — is  embodied  in  its  judiciary. 

Courts  are  created  for  the  interpretation  of  law  and 
the  administration  of  justice. 

Like  the  legislative  and  executive  departments,  the 
judiciary  in  the  United  States  is  intended  to  serve  the 
interests  of  the  whole  people.  Only  by  so  serving  the 
common  good  in  the  interpretation  and  administration  of 
law  does  it  fulfill  its  proper  functions.  When  it  is  divert- 
ed from  the  service  of  the  whole  people  to  the  service  of 
the  few  it  is  failing  in  its  purpose. 

The  chief  concern  of  the  people  with  the  judiciary, 
then,  is  to  see  that  the  common  good  is  being  guarded. 

There  has  been  a  tendency  in  the  past  to  look  upon 
the  decisions  of  courts,  especially  of  the  higher  Federal 
tribunals,  as  sacred,  and  to  accept  them  as  final,  no  matter 
how  much  injustice  to  the  whole  people  they  may  appear 
to  work.  The  change  in  the  public  attitude  toward  each 
of  the  departments  of  government  is  perhaps  most  notice- 
able as  applied  to  the  judiciary,  because  of  the  contrast  to 
this  former  feeling.  The  chief  concern  of  the  people,  so 
far  as  the  courts  are  concerned,  is  to  see  that  they  are 
composed  of  men  whose  gift  is  a  gift  of  justice  as  well  as 
a  gift  of  law. 

For  the  interpretation  of  law  and  the  administration 
of  justice  we  have  city,  county,  State  and  National  courts. 

The  Federal  Judiciary 

The  Federal  judiciary  consists  of  the  Supreme  Court, 
the  Circuit  Court  of  Appeals,  nine  Circuit  Courts,  eighty 
District  Courts  and  the  Court  of  Claims. 


70  A  Political  Primer 

The  Supreme  Court  of  the  United  States 

The  Federal  Supreme  Court  is  the  court  of 
last  appeal.  It  has  original  jurisdiction  in  cases 
to  which  a  State  or  any  foreign  minister  is  a  party, 
and  passes  upon  the  constitutionality  of  law.  If,  in  its 
opinion,  a  law  of  any  State  of  the  United  States  is  in 
violation  of  the  Federal  Constitution,  such  a  law  becomes 
void  immediately  upon  the  publication  of  a  ruling  to  that 
effect.  Any  question  involving  the  constitutionality  of 
any  law  can  be  taken  to  the  Supreme  Court.  It  meets  in 
Washington  upon  the  second  Monday  in  October  of  each 
year. 

A  Chief  Justice  and  eight  associates  compose  the  Su- 
preme Court.  They  are  appointed  by  the  President  for 
life,  or  during  good  behavior,  but  they  may  be  retired  at 
the  age  of  seventy  upon  full  pay,  if  they  have  served  ten 
years.  As  a  court,  they  have  original  and  appellate  juris- 
diction, and  individually  each  has  charge  of  one  of  the 
nine  Circuit  Courts. 

The  Chief  Justice  receives  a  salary  of  $13,000  a  year, 
and  his  associates  $12,500  annually. 

The  Circuit  Courts 

Each  of  the  Associate  Justices  and  the  Chief  Justice 
has  under  his  jurisdiction  one  of  the  nine  Circuit  Courts. 
Each  circuit  comprises  several  States,  and  matters  under 
its  jurisdiction  are  divided  among  a  number  of  District 
Courts.  Questions  decided  by  these  courts  are  those  re- 
lating to  disputes  between  States,  or  between  citizens  of 
different  States,  between  citizens  of  the  United  States  and 
foreign  states,  citizens  or  subjects. 

To  aid  the  work  of  the  Associate  Justices  and  the  Dis- 
trict Courts  a  Circuit  Court  of  Appeals  was  established 
by  Congress  in  1891.  The  Chief  Justice  and  the  Associate 
Justice  assigned  to  any  circuit,  the  Circuit  judges  and  the 


A  Political  Primer  71 

District  judges  within  that  circuit  compose  the  Court  of 
Appeals  for  that  circuit. 

Circuit  judges  are  also  appointed  for  life,  with  an  an- 
nual salary  of  $7000.  Each  Circuit  Court  has  two  or  more 
judges. 

District  judges,  who  are  also  appointed,  receive  $6000 
a  year.  Their  number  varies  with  the  increase  in  legal 
business. 

Five  judges  at  annual  salaries  of  $6000  comprise  the 
Court  of  Claims. 


The  State  Judiciary 

State  law  is  interpreted  and  enforced  in  all  States  on 
very  much  the  same  plan  as  that  used  to  secure  justice  in 
the  nation. 

The  State  Supreme  Court 

In  California  a  Supreme  Court  composed  of  seven 
judges  is  the  court  of  last  resort,  except  in  such  cases 
as  may  be  taken  before  the  Federal  judiciary. 

Corresponding  to  the  Federal  District  Courts,  Cali- 
fornia has  the  Superior  Court,  which  is  a  trial  court.  Each 
county  has  one  Superior  Court,  but  it  may  have  as  many 
departments  as  are  necessary  to  carry  on  the  business  of 
that  county,  the  number  of  departments  being  determined 
by  the  Legislature. 

There  are  three  appellate  districts  in  California,  each 
of  which  has  a  District  Court  of  Appeal,  consisting  of  a 
Chief  Justice  and  two  Associate  Justices.  Neither  the 
Districts  Courts  of  Appeal  nor  the  Supreme  Court  have 
original  jurisdiction ;  they  are  courts  of  review  and  deal 
only  with  appeals. 


72  A   Political  Primer 

City  and  County  Courts 

Each  county  has  one  or  more  Justice  Courts,  presided 
over  by  justices  of  the  peace.  These  justices  try  civil 
cases  involving  sums  of  less  than  $300  and  certain  classes 
of  misdemeanors.  The  Justice  Court  is  the  lowest  county 
court. 

Corresponding  to  the  Justice  Court  in  the  county 
there  is  the  Police  Court  in  the  cities,  which  has  jurisdic- 
tion over  offenses  against  the  city  ordinances.  The  police 
judge  tries  only  misdemeanors,  but  may  sit  as  a  commit- 
ting magistrate  in  felony  cases,  in  which  case  he  merely 
determines  whether  or  not  the  evidence  is  sufficient  to 
warrant  holding  the  defendant  for  trial  in  the  Superior 
Court. 

Civil  cases  in  which  the  amount  in  controversy  is  less 
than  $2000  may  be  carried  from  the  Superior  Court  to  the 
District  Court  of  Appeals.  Capital  cases  are  appealed  to 
the  Supreme  Court. 

A  person  charged  with  crime  and  appearing  before 
any  court  is  guaranted  certain  rights.  He  is  entitled  to 
a  speedy  and  public  trial  by  an  impartial  jury  of  the  dis- 
trict and  State  in  which  the  crime  was  committed ;  to  be 
informed  of  the  nature  and  cause  of  the  accusation;  to 
be  confronted  with  the  witnesses  against  him ;  and  to 
compel  the  attendance  of  witnesses  in  his  favor.  The 
Constitution  also  protects  him  from  testifying  against 
himself,  from  excessive  bail,  from  cruel  and  unusual  pun- 
ishment, and  from  being  twice  put  in  jeopardy  for  the 
same  offense. 


CHAPTER  XV. 
Nation  and  State 

As  we  have  learned,  three  principles — legislative,  ex- 
ecutive and  judicial — run  through  both  our  National  and 
State  Governments.  However,  for  convenience  in  the 
operation  of  our  governmental  mechanism,  the  Constitu- 
tion divided  the  powers  in  each  branch  into  two  classes — 
those  to  be  exercised  by  the  nation  and  those  reserved  to 
the  States. 

Thus  our  system  of  government  delegates  certain  pow- 
ers to  the  nation,  other  powers  to  the  States,  and  enumer- 
ates certain  other  powers  that  may  be  exercised  by  either 
or  both.  At  the  same  time,  it  points  out  certain  other 
powers  denied  to  both. 

Neither  can  grant  a  title  of  nobility,  neither  can  punish 
for  an  act  that  was  not  criminal  when  committed,  and 
neither  can  inflict  punishment  without  due  process  of 
law. 

If  we  have  a  local,  personal  concern,  bearing  upon  our 
personal  relationships,  we  must  look  to  the  State  for  a 
settlement  of  our  difficulties. 

Powers  of  the  Federal  Government 

If  the  concern  is  one  which  affects  the  whole  American 
people,  the  Federal  Government  has  jurisdiction. 

The  Federal  Government  has  only  such  powers  as  are* 
expressly  given  it  by  the  Constitution,  but  the  State,  in 
determining  its  powers,  is  within  its  rights  if  it  does  not. 
encroach  on  the  jurisdiction   definitely  outlined  by  the  • 
Constitution  as  belonging  to  the  nation. 

The  Federal  Government  borrows  money  on  the  credit 
of  the  United  States ;  constitutes  tribunals  inferior  to  the 
Supreme  Court;  punishes  counterfeiters,  governs  natu- 


74  A  Political  Primer 

ralization,  defines  and  punishes  piracies  and  felonies  on 
the  high  seas,  and  offenses  against  the  laws  of  nations ;  de- 
clares war ;  grants  letters  of  marque  and  reprisal ;  lays  and 
collects  taxes,  duties,  imposts  and  excises ;  pays  the  debts 
and  provides  for  the  protection  and  general  welfare  of 
the  United  States. 

It  treats  with  other  nations ;  regulates  our  commerce ; 
maintains  our  army  and  navy;  controls  territories,  post- 
offices,  post  roads,  copyrights  and  patents,  and  regulates 
coinage,  currency,  weights  and  measures. 

When  we  buy  a  pound  of  butter  at  the  grocery  store 
the  whole  power  of  the  United  States  is  behind  us  in 
enforcing  our  demand  that  a  pound  shall  weigh  sixteen 
ounces.  The  vendor  of  a  bushel  of  potatoes  which  con- 
tains less  than  eight  pecks  is  an  offender  against  the  Fed- 
eral law.  These  things  concern  the  whole  people. 

The  Federal  Government  controls  navigable  water- 
ways and  means  of  communication  between  States,  such 
as  express  companies,  railroads,  and  telephone  and  tele- 
graph lines.  Many  believe  that  in  the  extension  of  powers 
of  the  Federal  Government  under  the  interstate  laws 
and  the  Constitution  rest  the  chief  power  to  remedy  most 
of  the  evils  of  distribution. 

It  is  because  we  ship  our  foods  from  one  State  to  an- 
other that  the  Federal  Government  has  the  power  to  step 
in  and  say  that  those  foods  shall  be  pure.  If  we  kept  them 
at  home  and  used  them  merely  for  State  consumption,  the 
Federal  Government  could  not  touch  them.  Therefore, 
we  are  under  the  necessity  of  protecting  ourselves  in  the 
States  by  local  pure  food  laws. 

The  Federal  Government  acts  directly  upon  the  indi- 
vidual, levying  its  own  taxes  and  executing  the  decrees 
of  National  courts  by  Federal  officers. 

In  case  of  need  the  whole  military  power  of  the  United 
States  may  be  employed  against  law-breakers,  in  cases 


A  Political  Primer  75 

where  the  local  power  is  declared  insufficient  to  cope  with 
the  situation. 

The  protection  of  citizens  against  unlawful  or  dis- 
criminating legislation  by  any  State  is  also  in  the  hands 
of  the  Federal  Government. 

This  very  clause,  perverted  from  its  original  purpose, 
has  blocked  many  a  movement  which  might  have  meant 
fairer  working  conditions  for  large  classes  of  citizens.  It 
has  been  a  blanket  for  covering  a  multitude  of  injustices 
and  presents  one  of  the  constitutional  obstacles  which 
we  must  climb  over  or  get  around  as  the  stream  of  human 
progress  flows  on. 

Power  of  the  State  Government 

All  legal,  personal  relations  in  home  and  business, 
between  husband  and  wife,  child  and  parent,  partners  and 
debtors  and  creditors  are  in  the  hands  of  the  States.  The 
Federal  Government  has  nothing  to  do  with  these. 

The  State  also  has  complete  charge  of  education  and 
of  the  elective  franchise.  The  State  creates  and  regulates 
corporations.  This  is  the  reason  why  many  corporations 
doing  an  international  business  of  millions  annually  from 
one  State  have  a  legal  residence  in  another.  The  cor- 
poration picks  out  the  State  in  which  it  can  do  business 
with  the  least  possible  cost  and  discomfort  to  itself. 
Again,  as  in  the  enforcement  of  the  pure  food  laws, 
the  Federal  Government  is  powerless,  except  where 
corporations  do  an  interstate  business  and  thus  place 
themselves  in  direct  relation  to  the  National  Gov- 
ernment. When  the  Constitution  was  framed,  corpora- 
tions were  not  of  such  tremendous  National  importance 
as  they  are  today.  Since  their  growth  in  power  and  in- 
fluence has  made  it  possible  for  them  to  jeopardize  the  in- 
terests of  the  whole  people,  there  arises  a  need  either  for 


76  A  Political  Primer 

an  extension  of  the  Federal  power  or  for  uniform  legisla- 
tion in  the  States. 

The  Federal  Congress  is  prohibited  from  suspending 
the  writ  of  habeas  corpus,  except  in  time  of  war  when  the 
public  safety  may  require  it;  from  passing  bills  of  attain- 
der; from  taxing  exports  from  any  State,  or  from  giving 
preference  to  the  courts  of  any  State  over  those  of  an- 
other. 

States  are  prohibited  from  coining  money,  issuing  bills 
of  credit,  granting  letters  of  marque  and  reprisal ;  enter- 
ing into  treaties,  alliances  or  compacts ;  keeping  troops  or 
ships  of  war  in  time  of  peace ;  passing  any  bills  of  attain- 
der ;,  making  anything  but  silver  and  gold  coins  a  tender 
in  payment  of  debts ;  laying  any  duties  without  the  con- 
sent of  the  Federal  Congress ;  engaging  in  war  unless  in- 
vaded or  in  imminent  danger. 

Aside  from  these  prohibitions,  which  were  created  to 
centralize  the  nation's  power,  the  States  may  make  and 
enforce  any  legislation  not  conflicting  with  the  Federal 
Constitution. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below, 
or  on  the  date  to  which  renewed.  Renewals  only: 

Tel.  No.  642-3405 

Renewals  may  be  made  4  days  prior  to  date  due. 
Renewed  books  are  subject  to  immediate  recall. 


197201 


-    ••     "  -'• 


lEC'DLD    MARO  972  -HAM 


NQV 


6  *86 


LD21A-40m-8,'71 
(P6572slO)476-A-32 


General  Library 

University  of  California 

Berkeley 


GENERAL  LIBRARY -U.C.  BERKELEY 


6000614433 


